What provisions does a Oregon general warranty deed contain?

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Question:

What provisions does a Oregon general warranty deed contain?

Answer:

An Oregon general warranty deed is the most common type of deed used in Oregon to transfer property ownership. The grantor warrants and guarantees that the title is free and clear, and that the grantor will defend the grantee against any claims that may arise by third parties claiming an interest in the property.  The Oregon general warranty deed contains provisions for the amount of consideration, the name, address and signatures of the grantor and grantee, the legal description of the property, the city and county where the property is located and a notary acknowledgment. 

Other types of deeds used in Oregon include:

  • Special or Limited Warranty Deed. Warrants that there are no title defects during the time the grantor owned the property.
  • Quitclaim Deed. Transfers ownership interest of the property without any warranty or guarantee that the title is clear or the property is free of liens.
  • Contract for deed, land contract or installment agreement. Seller agrees to finance the property and holds the title as security until the buyer pays the amount in full.
  • Deed of Trust. Similar to a mortgage. The trustee holds the title. When the loan is paid in full, the title is transferred to the borrower. The trustee has a power of sale if the borrower defaults.
  • Grant Deed. Transfers ownership interest from the grantor to the grantee. Promises that title has not been transferred and that the property is free of encumbrances, other than those stated in the deed.

You should hire an Oregon real estate attorney to prepare a general warranty deed or any other type of property transfer deed. Property transfer matters can be complex, and the attorney is an expert at real estate laws and other real property matters.  

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