Detailed Answer
Under Oregon law, anyone involved in a real estate transaction—sale, refinance, transfer on death deed, or other conveyance—must verify all individuals or entities with a present or future interest in the property. Proper verification helps avoid title defects, delays, and liability.
1. Natural Persons
- Valid government-issued photo ID (e.g., Oregon driver license or U.S. passport).
- Proof of name consistency, if names differ (e.g., marriage certificate, court order for name change).
2. Marital and Community Interests
- Marriage certificate for spouses (to confirm community property).
- Divorce decree or separation agreement confirming termination of marital rights (ORS 107.095).
- Death certificate to show a surviving spouse’s rights or confirm decedent’s interest.
3. Trusts
- Certified copy of the trust instrument and any amendments.
- Certificate of Trust, signed by the trustee (ORS 130.405).
- Signature page showing trustee’s authority to convey.
4. Corporations
- Articles of Incorporation and any amendments.
- Certificate of Good Standing from the Oregon Secretary of State.
- Board resolution authorizing the conveyance (ORS 60.361).
5. Limited Liability Companies (LLCs)
- Articles of Organization and amendments.
- Certificate of Good Standing from the Oregon Secretary of State.
- Operating agreement and a written member or manager resolution authorizing the transaction.
6. Partnerships
- Partnership agreement (general or limited) and amendments.
- Certificate of Limited Partnership or registration documents for Oregon-registered partnerships.
- Partner resolution approving the conveyance, if required by agreement.
7. Executors and Administrators
- Letters Testamentary or Letters of Administration issued by the probate court (ORS 112.505).
8. Guardians and Conservators
- Letters of Guardianship or Letters of Conservatorship issued by the circuit court (ORS 125.005).
9. Agents Under Power of Attorney
- Durable Power of Attorney document, signed and notarized.
- Confirmation that the power of attorney remains valid (no revocation, incapacity, or termination).
Always obtain certified or court-issued copies of documents, together with any supporting affidavits or certificates, to ensure they meet recording requirements under Oregon’s Land Records statutes (ORS Chapter 93).
Helpful Hints
- Collect original or court-certified copies whenever possible.
- Confirm spelling and dates match across all documents.
- Record transfers promptly to avoid priority disputes.
- Consult a real estate attorney if multiple or complex interests exist.
- Title companies often provide checklists—use them to track requirements.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.