Recording Requirements

We will make every effort to return recorded documents within ten business days of recording. Photocopies of documents are available for a fee by coming into the office or by mail. You may view documents in our office free of charge.

Recording Requirements

Please see first page requirements for additional information regarding mandated first page content.

The document provided for recording must be a legible original that meets all content requirements.

Any document that contains text not sufficiently legible to reproduce a readable photographic record will be returned without being recorded.  Example: Faxed or copied documents, even with original signatures, often do not meet this requirement.

Documents requiring legal descriptions of subject real property must meet the standards set forth in ORS 93.600.

Flaps or riders must be attached to the page at the top and bottom, anything under the flap or rider will not be recorded (do not use staples or paper clips for attachments.)

Recording tickets are placed in the upper right corner of the front page of each document accepted for recording. In order to accommodate the recording ticket, each document must provide the space needed 3.25"(w) x 2.25"(h) in the upper right hand corner of the first page.

If there is not sufficient space for the recording ticket on the first page of the document, a recording coversheet will be required. Cover sheets must meet the ORS 205.234 first page requirements.

The following must be clearly labeled and shown on the first page and/or coversheet:

• Title(s) of the document (type of transaction)
• Name(s) of parties
• Return to: Person(s) and address to whom the document is to be returned
• True and actual consideration: For instruments, as required, in ORS 93.030(1)..."consideration" includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume.
  ORS 93.030(2) All instruments conveying or contracting to convey fee title to any real estate, and all memoranda of such instruments, shall state on the face of the instruments the true and actual consideration paid for the transfer, stated in terms of dollars. However, if the actual consideration consists of or includes other property or other value given or promised, neither the monetary value nor a description of the other property or value need to be stated so long as it is noted on the face of the instrument that other property or value was either part or the whole consideration. 
  ORS 93.030(5) An instrument conveying or contracting to convey fee title to any real estate or a memorandum of the instrument may not be accepted for recording by any county clerk or recording officer within this state unless the statement of consideration required by this section is included on the face of the instrument.
• Legal description:  Included within the document, when required, identifying property located in Benton County, OR
• Reference number:  When required to identify an instrument for assignment, release, amendment, satisfaction, etcetera
• Mail tax statement to: Person(s) and address where the tax statements will be sent (as required in ORS 93.260)
• Information required in the County Clerk Lien records by ORS 205.125 (1)(c) and (e).
• Assignee Name & Address: For mortgage, deed of trust or trust deed assignments the name and address of the assignee must be included

Page Specifications

• Page size: Legal 8.5" x 14" or letter 8.5" x 11" (white). For pages smaller than 8.5" x 11", attach to an 8.5" X 11" sheet at the top and bottom (do not staple)
• Font: Black type or ink, 8 point or larger in size, Times New Roman font
• Paper weight: Sufficient to prevent bleed-through from back
• Recording ticket: First page of each document must have enough space to accommodate our 3.25"(w) x 2.25"(h) recording ticket in the upper right corner. Please note: If sufficient space is not available on your document, you will need to add a recording coversheet with the required space provided. Adding a coversheet that meets ORS 205.234 requirements will also add $5 to the recording cost of the document.
  For more information, see the Oregon Revised Statutes.

Notes and Fees on Recording Standards

Records and Licenses Policies: 041217

1. Space requirement, county recording ticket
   The current space requirement is 2.25 x 3.0 in the upper right hand portion of the document.
   If the document does not meet this requirement, the following may be applied:
   1-1a) Recording cover sheet, an additional $5.00 fee will be charged.
2. Recording reproduced documents with original signatures
   2-1) In accordance with the May 12, 1999, letter sent to title companies following a staff meeting decision, it was determined that staff will have the option to allow recording parties who present our office with documents of poor quality (photocopies/ facsimiles) for recording, with the option to attach a typed copy of the original page(s). The regular recording fee will be applied to each page. The attached page(s) should contain the following statement:
   “Because the previous page(s) do not meet the recording standards for permanent records in Benton County, Oregon, the following is a typed reproduction of the original page(s)."
   Signatures should be shown on the typed reproduction in the following manner: s/ John Doe
3. Covering information (area of recording ticket)
   No information that is relevant to the document should be placed in the upper right hand portion of a document.  If document is received with relevant information in this area, the following shall apply:
        (a) Received in person; by title company, citizen, or others.  Complete a recording coversheet and add to the front of the instrument.
        (b) Received in mail; the document will be rejected and returned to the submitter.
   Note: see definitions for some of the terms used on this page.
   In addition to the standard recording fees, the need to add a coversheet (PDF) will increase the recording fee by $5.00.  In some cases, documents that are presented in a format that does not comply with statutory standards may be accepted with the additional payment of a $20 non-standard fee if the first page requirements are otherwise met within the instrument.
        Non-Standard Form Fee
   A $20.00 non-standard fee is added in addition to all other fees to documents except UCC's that do not meet the requirements as outlined in ORS 205.232, 205.234, 205.327.
   UCC's have a non-standard fee of $10.00 if they are not on UCC-1A or UCC-3A forms approved by the Oregon Secretary of State, dated 1990 or after.

What We Don't Do

This office does not:

• Give legal advice
• Help you fill out documents
• Tell you what type of document to use

If you need help, we recommend that you contact an attorney or title company for assistance.

Note: see definitions for some of the terms used on this page.

Document Corrections

• Any document that has been previously recorded may be re-recorded to make corrections to the original document
• The first page of the corrected document must meet all of the first page requirements for recordings.
• The corrected document need not be signed by the party(ies) and acknowledged by a notary a second time.
• A certified copy of a recorded instrument may not be altered for the purpose of correcting the original instrument. The person presenting the instrument may present an unaltered certified copy of the recorded instrument when it is attached to a cover sheet authorized by ORS 205.234 (2). The coversheet must contain the re-recording certificate to be affixed.
• The person presenting a document for re-recording shall cause a re-recording certificate statement to be affixed to the first page or coversheet of the document. The certificate must not cover any information contained in the document and shall read as follows:

"RERECORDED AT THE REQUEST OF (person or company re-recording instrument) TO CORRECT(reason for re-recording), PREVIOUSLY RECORDED AS BOOK ____ AND PAGE___, OR AS FEE NUMBER ________________."