Deed Transferring Real Property into Living Trust

After recording, return to:
[____________________________________]
[____________________________________]
[____________________________________]

Until a change is requested, all tax statements shall be sent to the following address:
[____________________________________]
[____________________________________]
[____________________________________]

Map / Tax Account No.: [____________]

SPACE ABOVE AND TO THE RIGHT THIS LINE RESERVED FOR COUNTY CLERK / RECORDER

BARGAIN AND SALE DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Oregon

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / married persons], whose address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (the "Grantee" or "Trustee"), whose address is [____________________________________].

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee in trust, and in any successor trustee, without the necessity of any further conveyance, with the powers and authority granted under the Trust and under the Oregon Uniform Trust Code, ORS 130.005 et seq.

3. TRUE AND ACTUAL CONSIDERATION (ORS 93.030)

The true and actual consideration for this conveyance is $0.00 (no monetary consideration). This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property; the Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

[GRANTOR FULL LEGAL NAME], Grantor, conveys and specially warrants (bargains, sells, and conveys) to [GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and successor trustees, Grantee, all of the Grantor's right, title, and interest in and to the following described real property (the "Property), free of encumbrances created or suffered by the Grantor except as specifically set forth below:

Property commonly known as: [STREET ADDRESS, CITY, OREGON, ZIP]

County: [____________] County, Oregon

Prior instrument reference: Recorded as Instrument No. [____________] (or Book [____], Page [____]), Records of [____________] County, Oregon.

Legal Description: See Exhibit A attached hereto and incorporated by reference.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current tax year, not yet due and payable, and all subsequent years;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any mortgage, trust deed, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. MANDATORY LAND-USE STATEMENT (ORS 93.040)

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.

7. PURPOSE; PROPERTY-TAX CONTINUITY; TITLE INSURANCE

7.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

7.2 No reassessment / property-tax continuity. Oregon assesses property under a maximum-assessed-value system (Measure 50; ORS 308.146); a transfer to the grantor's own revocable living trust is not a sale and should not, by itself, trigger reappraisal. Confirm with the county assessor that the assessment and any applicable exemptions or deferrals (e.g., the senior/disabled property-tax deferral, ORS 311.666 et seq.) continue uninterrupted after re-titling, and re-file any required claim.

7.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

8. TRANSFER-TAX AND GARN-ST GERMAIN RECITALS

8.1 No Oregon transfer tax (ORS 306.815). Oregon imposes NO statewide real property transfer tax, and ORS 306.815 prohibits cities, counties, and other political subdivisions from imposing a tax or fee on the transfer of a fee estate in real property. No transfer tax is due on this conveyance in any Oregon county except Washington County (see below).

8.2 Washington County transfer tax (grandfathered exception). If — and only if — the Property is located in Washington County, a grandfathered transfer tax of $1.00 per $1,000 of the selling price (0.1%) applies under that county's pre-1997 ordinance (preserved by ORS 306.815(4)). Because this conveyance is made for no consideration (the selling price is $0), no Washington County tax is due; however, Washington County requires that the tax be paid OR an exemption be claimed on the county's transfer-tax form within fifteen (15) days of recording. File the Washington County transfer-tax exemption form (gift / transfer to a revocable trust for no consideration) within that period to avoid a late penalty. No other Oregon county imposes a transfer tax.

8.3 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

9. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[CO-OWNER / SPOUSE FULL LEGAL NAME] (if a co-owner joins in the conveyance)

10. NOTARY ACKNOWLEDGMENT (Oregon — ORS 194.285)

This instrument was acknowledged before me on ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [CO-OWNER / SPOUSE FULL LEGAL NAME]].

____________________________________
Notary Public for Oregon
My commission expires: ______________

(Affix notarial seal)

11. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the County Clerk / Recording Officer of [____________] County, Oregon — the county in which the Property is located (ORS 93.600, 205.130).
2. First-page requirements (ORS 93.260, 205.234). Confirm the first page shows: the document title; the grantor and grantee names; the "after recording return to" address; the true and actual consideration ($0.00); and the "Until a change is requested, all tax statements shall be sent to the following address" statement. Leave a 3.5" x 2.5" blank space in the top-right corner; otherwise a $5 cover-sheet fee or a $20 non-standard-document fee may apply.
3. No transfer tax (except Washington County). No transfer tax is due except in Washington County, where the transfer-tax form (claiming the no-consideration / revocable-trust exemption) must be filed within 15 days of recording. See Section 8.
4. Recording fee. Pay the county per-page recording fee (plus the affordable-housing surcharge under ORS 205.323, if applicable).
5. Update collateral records. After recording: (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm the property-tax assessment and any exemptions with the county assessor; and (c) provide a recorded copy and a Certification of Trust (ORS 130.860) to the title company.
6. Transfer-on-death alternative. Oregon recognizes a transfer-on-death deed (ORS 93.948 et seq.); funding a revocable living trust by recorded deed is the appropriate mechanism when trust administration (not merely a beneficiary designation) is desired.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED. Per ORS 93.600, the description must be by metes and bounds; by lots, blocks, and addition names; by recorded plat/partition parcel numbers; or by reference to the book-and-page/instrument number of a prior recorded document containing an adequate description. A tax-lot number alone is NOT a sufficient legal description. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• ORS 93.850 — statutory warranty deed form and effect.
• ORS 93.860 — bargain and sale deed form and effect.
• ORS 93.865 — quitclaim deed form and effect.
• ORS 93.030 — true and actual consideration must be stated in the deed.
• ORS 93.040 — mandatory land-use warning statements.
• ORS 93.260 — required "until a change is requested, all tax statements shall be sent to" and return-address statements on the first page.
• ORS 93.600 — sufficiency of legal description.
• ORS 205.130, 205.234 — recording by the county clerk; first-page and non-standard-document requirements.
• ORS 194.285 — short-form notarial acknowledgment.
• ORS 306.815 — statewide prohibition on real property transfer taxes; grandfather clause (only Washington County's pre-1997 tax survives).
• Washington County transfer tax — $1 per $1,000 of selling price; tax or exemption form due within 15 days of recording.
• ORS 308.146, 311.666 et seq. — maximum assessed value (Measure 50); senior/disabled property-tax deferral.
• ORS 130.005 et seq.; ORS 130.860 — Oregon Uniform Trust Code; certification of trust.
• ORS 93.948 et seq. — transfer-on-death deed (alternative non-probate mechanism).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. Include the ORS 93.040 land-use statement and the ORS 93.260 tax-statement statement, and (in Washington County only) file the transfer-tax exemption within 15 days of recording. Consult a licensed Oregon attorney before executing or recording this deed.