Oregon Warranty Deed from Individual to Individual

State:
Oregon
Control #:
OR-02-78
Format:
Word; 
Rich Text
Instant download

What is this form?

The Warranty Deed from Individual to Individual is a legal document used to transfer property ownership between two individuals. This form ensures that the Grantor (the seller) conveys clear title to the Grantee (the buyer) while reserving rights to certain minerals, oil, and gas beneath the property. It serves to provide a formal guarantee of the title, distinguishing it from other forms like quitclaim deeds, which do not offer such assurances.

Key components of this form

  • Names and details of the Grantor and Grantee.
  • Description of the property being transferred.
  • Reservation of rights to oil, gas, and minerals by the Grantor.
  • Provisions related to local land use laws and regulations.
  • Tax responsibilities for the current year.
  • Signatures of both parties to authenticate the transfer.
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State-specific requirements

This form complies with the statutory laws of the relevant state, ensuring that all legal obligations are met during the property transfer process. It is important to verify any additional state-specific regulations pertaining to property sales before proceeding.

When this form is needed

This form should be used when an individual wishes to sell or transfer property directly to another individual. It is typically necessary during real estate transactions where a clear title is required, such as selling a home or a piece of land. This form ensures that the buyer receives a warranty against claims on the property, thus safeguarding their investment.

Who this form is for

This form is suitable for:

  • Individual property owners (Grantors) planning to sell or transfer their property.
  • Buyers (Grantees) seeking assurance of clear title before completing a property purchase.
  • Real estate agents assisting clients with private property transactions.

Instructions for completing this form

  • Identify the parties by entering the full names and addresses of the Grantor and Grantee.
  • Specify the property by providing a complete description, including any required legal descriptions.
  • Note any reservations for oil, gas, and minerals by the Grantor if applicable.
  • Determine tax responsibilities for the current tax year, indicating how they will be handled.
  • Both parties must sign the form in the presence of a notary if required.

Is notarization required?

This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.

Typical mistakes to avoid

  • Failing to provide a detailed legal description of the property.
  • Not having the document notarized if required by state law.
  • Ignoring local land use regulations which could affect property rights.
  • Overlooking tax responsibilities and how they will be apportioned.

Benefits of using this form online

  • Easy to download and complete from the comfort of your home.
  • Access to templates vetted by licensed attorneys.
  • Editable fields allow for tailored entries specific to your transaction.
  • Quick and reliable access helps streamline your property transactions.

What to keep in mind

  • The Warranty Deed from Individual to Individual secures property ownership transfers with legal assurances.
  • Ensure all necessary details are included and comply with local regulations.
  • Consult with a legal professional if in doubt about any aspect of the form or process.

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FAQ

Retrieve your original deed. Get the appropriate deed form. Draft the deed. Sign the deed before a notary. Record the deed with the county recorder. Obtain the new original deed.

A conveyance of land in Oregon, or of any estate or interest therein located in Oregon, can be created, transferred, or declared by a deed in writing and should be signed by the person of lawful age (or their agent) from whom the estate or interest is intended to pass.

A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.

The original deed is returned to the owner of the property from the office of the recorder after proper entry. The office of the Recorder of Deeds maintains a set of indexes about each deed recorded, for an easy search. Almost all states have a grantor-grantee index including a reference to all documents recorded.

Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.

Discuss the terms of the deed with the new owners. Hire a real estate attorney to prepare the deed. Review the deed. Sign the deed in front of a notary public, with witnesses present. File the deed on public record.

Generally, someone else cannot remove you from title without your consent and/or knowledge. You should speak to a local real estate attorney to see how to return your name to title and how it was removed in the first place.

A personal representative deed and warranty deed are the same only in that they both convey ownership of land. The types of title assurance that the different deeds provide to the new owner are very different.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

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Oregon Warranty Deed from Individual to Individual