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To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Most counties charge a flat fee of between $95.00 and $110.00, plus an additional $5.00 for each page of the deed. A clerk may charge a $20.00 penalty fee if the clerk accepts for filing a deed that does not comply with Oregon's formatting requirements or omits necessary information from the deed's first page.
?You'll need to file a quit claim deed and a change of ownership form that transfers title from your name to the trust," said Banuelos. ?If you own several commercial investment properties, you might own each of the properties through an individual LLC to limit your liability.
A trustee deed?sometimes called a deed of trust or a trust deed?is a legal document created when someone purchases real estate in a trust deed state, such as California (check your local laws to see what is required in your state). A trust deed is used in place of a mortgage.
In Oregon, a mortgage or a trust deed will create a voluntary contractual lien, and that lien is a specific lien against the property as security for the promissory note. During the period of the indebtedness, the borrower holds the title, retaining legal ownership while the property is encumbered by the lien.
The key disadvantages of placing a house in a trust include the following: Extra paperwork: Moving property in a trust requires the house owner to transfer the asset's legal title. This involves preparing and signing an additional deed, and some people may consider this cumbersome.
This transfer doesn't usually lead to an immediate tax obligation, meaning no tax is levied for merely changing the ownership. However, the trust, which now owns the stock, may become liable for taxes on dividends and capital gains from the stock.
The Oregon Trust Deed Act allows the lender to assigns a deed to a third-party (trustee). The trustee must be one of the following: An attorney under the Oregon State Bar. A law firm under the Oregon State Bar.