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Increasing Recording Fees New 2009 Fee Schedule

Recording Department

GENERAL RECORDING PROCEDURES
Section A

Our goal is to provide the user of the Coos County recording system standardization for the recording and collection of fees for instruments submitted for recording. We realize that not all inconsistencies have been resolved through this document and changes and additions to these standards will need to be made periodically. Updates will be made as new instrument titles are identified and new laws and procedures are developed to standardize the way we record instruments. For procedures not addressed in this document or for questions concerning this document, please contact the County Clerk’s office.

County Recorder’s Process for Determining if an Instrument is Recordable

The County Recorder receiving an instrument for recording will take the following steps to determine if the instrument is recordable:

Determine whether legal authority exists to record the instrument. (See Legal Authority).

Determine whether the first-page requirements have been met. (See Recording Requirements ).

Determine whether the instrument meets the legibility requirements. (See Legibility Requirements).

Determine whether the appropriate fees have been received. (See Fees).

Legal Authority

The County Recorder will only accept instruments for recording if it is apparent from the document that legal authority exists to record the instrument. As used in this document, the term ‘legal authority’ refers to State and Federal statutes, regulations, and case law that either require or permit the instrument to be recorded. Section B of this document contains a list of instruments that have historically been presented for recording, and identifies which of these instruments have apparent legal authority to be recorded. In addition to this list, the County Recorder will accept instruments that affect title to or an interest in real property or that lawfully concerns real property, if such an instrument is presented for recording from the United States government, the State of Oregon, or a political subdivision of either the State or Federal government.

If the County Recorder is unable to determine whether legal authority exists to record the instrument, it will be returned indicating, “County Recorder unable to determine the legal authority for recording this instrument.” Instruments rejected for lack of apparent legal authority may be re-submitted for recording with documentation demonstrating the proper legal authority for recording the instrument. Such documentation will be reviewed by the County Recorder, recording staff, and/or County Office of Legal Counsel to determine whether legal authority exists to record the instrument.

NOTE: You may wish to determine whether apparent legal authority exists to record your instrument before submitting it, by reviewing Section B of this document. You may also wish to provide documentation demonstrating the proper legal authority for recording your instrument, if you have any reason to believe that this legal authority may not be readily apparent to the County Recorder, recording staff, or County Counsel. If an instrument is rejected for a lack of apparent legal authority, the County will not be liable for any injury caused by a delay in recording the instrument even if you later demonstrate that proper legal authority to record the instrument exists.

Recording Requirements

ORS 205.234 outlines the requirements for the first page of all instruments to be recorded. Those requirements are:

Name of transaction(s) (Title)
Names of parties involved (grantor/grantee; first party/second party, creditor/debtor, etc.)
The person and address (for mailing purposes) to whom the instrument will be delivered after recording. “Return to…”
For instruments conveying or contracting to convey fee title to any real property, the true and actual consideration paid for such transfer.
For instruments conveying or contracting to convey fee title to any real property, the tax statement information required by ORS 93.260.

ORS 205.234 (f) indicates that any instrument recorded in the County Clerk Lien Record must include the amount of the civil penalty or the amount, including penalties, interest and other charges, for which the warrant, order or judgment was issued. ((ORS 205.125 (1) (c) and 18.325)).

Legibility Requirements

The intent of this section is to explain why there are legibility requirements for recording instruments in county recording offices and to provide information on how to avoid rejections of instruments due to legibility problems.

In accordance with state laws, the county recording office must maintain a reputation for the recording and storage of recorded instruments in a fair and open manner. Recordation of an instrument makes it a public record and puts the public on notice. Since the public and courts may use the recorded instruments to establish validity of claims, all pages must be readable. Oregon statutes and our own County Counsel support the need for legible text within recorded instruments.

GENERAL LEGIBILITY INFORMATON

Documents submitted for recording shall be in the English language. (ORS 192.310)

Signatures and notaries must be original; photocopies cannot be recorded.

An Oregon notary seal that is blurred or faint is not acceptable for recording. Writing the information outside the perimeter of the seal by the notary or a new seal can be affixed to make corrections. Notary seals must not cover any written information on the instrument or notary certificate. (OAR 160-100-110(3))

If the legibility of an instrument or notary seal is questionable, we suggest that you correct or prepare a new, legible original instrument prior to submitting it for recording. We understand that fixing or preparing a new original may not always be possible due to client demands; however, please be aware that legibility problems may cause the instrument(s) to be rejected. The County will not be liable for any injury caused by a delay in recording the instrument.

If an instrument is illegible, a legible, true copy may be attached to the original per ORS 205.135. The attached legible, true copy should state, “This is a true copy of __________ as per ORS 205.135 and is attached for legibility purposes.”

COMMON LEGIBILITY PROBLEMS/SOLUTIONS

Text is smaller than 8 point. Enlarge original or prepare a new original with larger text

Colored text on colored paper, (example: blue NCR paper with blue text). Copy original on white paper with black text or prepare a new original.

Text is too light, blurred, contrasting light and dark, heavy and filled in, typed through a line. Prepare a new original.

Large documents reduced to smaller size. Replace with full or larger copy that has legible text. Any size document may be recorded. A non-standard fee of $20.00 will be charged for any page larger than 8½” by 14”.

Dark colored paper. Prepare a new original.

Original instruments from faxed copies. Ensure legibility of faxed instrument or create new original.

Fees

Recording fees in the State of Oregon are set by state statute or by county ordinance.

Standard Recording fee is $41.00 for the first page; $5.00 for each additional page
Lien recording fee is $31.00 for the first page; $5.00 for each additional page

ORS	Fee	Description	Remarks	Exceptions
205.320 (4) (b)	$5.00	Per Page Fee	All instruments presented for recording. “Per page” is interpreted to mean “per side” of a sheet no larger than 8 ½” by 14”.	Instruments that are otherwise exempt from recording or filing fees under any provision of law; Internal county government instruments not otherwise charged a recording fee.
205.323	$10.00	Assessment & Taxation Fee	All instruments authorized to record under ORS 205.130	Instruments that are otherwise exempt from recording or filing fees under any provision of law; Satisfaction of judgment or certificate of satisfaction of judgment; Internal county government instruments not otherwise charged a recording fee; Instruments that list the grantor or grantee as a federal agency
203.148	$10.00	Land Corner Preservation Fee	All instruments authorized to record under ORS 205.130 (2)	Instruments that list the grantor or grantee as a federal agency; Records that are recorded in the County Clerk Lien Record.
205.323	$1.00	Oregon Land Information System (OLIS) Fee	All instruments authorized to record under ORS 205.130	Instruments that are otherwise exempt from recording or filing fees under any provision of law; Satisfaction of judgment or certificate of satisfaction of judgment; Internal county government instruments not otherwise charged a recording fee; Instruments that list the grantor or grantee as a federal agency
HB 2426	$15.00	Housing Alliance Fee	Click Here for Recording Fee Increase Notice	Refer to Remark Column
205.327	$20.00	Non-standard Fee	Any instrument that doesn’t meet basic recording requirements as outlined in ORS 205.232, 205.234, 205.327
205.320 (12-17)	$5.00	Additional Indexing fee	Additional assignment, release, satisfaction, transaction, lien, claim, or name

Instrument Titles and Multiple Transactions

Interpretation of “clearly titled”: Instrument title or titles must be on the first page and each title distinguishable so that the public in general can look at the instrument and identify the instrument title or titles. We recommend that large, bold type of the same size and style be used at the top of the first page and that each instrument title contained in the instrument be put on a separate line.

If the instrument contains more than one recordable instrument title and is NOT clearly titled as defined above, the instrument may be considered to be not clearly titled and therefore, charged a non-standard instrument fee of $20.00.

Titles that are on the same line and are recordable as separate instruments and are NOT distinguishable from one another in such a way the public can identify the titles may be considered not clearly titled and therefore, charged a non-standard instrument fee of $20.00.

Instruments that are not clearly titled, such a an instrument entitled “Deed” but then state in the body of the instrument that the “Deed” is given for security purposes only, may be considered to be not clearly titled and charged a non-standard instrument fee of $20.00.

For recording purposes, ( ) around text after an instrument title, will indicate that the text is not part of the instrument title and will not be indexed.

All non-standard instruments will be charged a non-standard instrument fee of $20.00 in addition to all other applicable fees. (See Fees)

Interpretation of “addendum”, “rider,” and/or “exhibit”: Any attachment to a recordable instrument that is clearly marked “RIDER”, “ADDENDUM”, and/or “EXHIBIT”.

Riders, addendums and/or exhibits will not be charged an additional transaction fee and will not be indexed.

Interpretation of transaction: Any instrument title that is required or permitted by law to be recorded. (Section B provides a list of potential titles and the related statute)

Each instrument shall have at least one instrument title (transaction). Each additional transaction will be charged a multiple transaction fee. (See Fees)

Miscellaneous:

The words “discharge”, “exemption”, and “termination” in an instrument title will be interpreted as releases and satisfactions.

The word “assumption” in an instrument title will be interpreted as an assignment.

The words “addendum”, “extension”, “memorandum”, “subordination”, “substitution”, and “supplemental” in an instrument title will be interpreted as amendments and modifications.

Non-Standard Form Fee
A $20.00 non-standard fee is added in addition to all other fees to documents that do not meet the requirements as outlined in ORS 205.232, 205.234, 205.327.

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.
The person presenting a document for re-recording shall cause a re-recording statement to be affixed to the first page or cover sheet of the document. The statement must not cover any information contained in the document and shall read as follows:

“RE-RECORDED TO CORRECT (reason for re-recording), PREVIOUSLY RECORDED AS DOCUMENT NUMBER ___________________.”

What we do not do
This office does not:

Give legal advice
Help you complete the document
Tell you what type of document to use

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

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