Recording a deed in Linn County, Oregon

Recording a deed in Linn County

Deeds affecting property in Linn County, Oregon are recorded with the County Clerk. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from ORS §§ 205.232 to 205.238 and 205.327 (recording requirements) and 93.640 (effect of recording). Deeds themselves are governed by ORS § 93.010.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• Payment for the recording fee, about $86 for the first page and roughly $5 per additional page. Many offices do not take personal checks.

Formatting

• Oregon requires type of at least 10 points on paper no larger than 8.5 × 14 inches (ORS § 205.232). ORS chapter 205 sets no margin rule; the 3.5-inch first-page space is the working room recorders' labels need, applied by Deedly.
• The first page must carry the true and actual consideration and the tax-statement address (ORS 205.234(1)(d), (e); ORS 93.030, 93.260). A deed with no consideration statement cannot be recorded (ORS 93.030(5)). If either item is in the deed but not on page one, a cover sheet carrying it can be attached (ORS 205.234(2)); otherwise the clerk records the deed but charges a $20 penalty (ORS 205.327). Deedly prints both on page one. A transfer-on-death deed needs no consideration statement (ORS 93.030(6)), but Deedly prints the tax-statement address on it too, as Oregon's statutory form does (ORS 93.975).
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3.5-inch clear space at the top of page one for the recording stamp, 1-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the County Clerk in Albany. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recording (check first)E-recording may not be available here. Confirm with the office before relying on it.