Oregon Change or Modification of Deed of Trusts

State:
Oregon
Control #:
OR-HJ-307-01
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PDF
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Change or Modification of Deed of Trusts
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FAQ

A deed of trust is a legal document among three parties: the borrower, the beneficiary and the trustee who holds the legal title to the property.Once the modification has been filed, it replaces any conflicting information in the original deed of trust.

(2) Beneficiary means a person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person's successor in interest, and who is not the trustee unless the beneficiary is qualified to be a trustee under ORS 86.713 (Qualifications of trustee) (1)(b)(D).

A conveyance of land in Oregon, or of any estate or interest therein located in Oregon, can be created, transferred, or declared by a deed in writing and should be signed by the person of lawful age (or their agent) from whom the estate or interest is intended to pass.

Discuss the terms of the deed with the new owners. Hire a real estate attorney to prepare the deed. Review the deed. Sign the deed in front of a notary public, with witnesses present. File the deed on public record.

Retrieve your original deed. Get the appropriate deed form. Draft the deed. Sign the deed before a notary. Record the deed with the county recorder. Obtain the new original deed.

To change the trust deed itself, you must execute a deed of variation. This is a document that updates the relevant section of the original trust deed. The deed of variation forms part of the documentation of your discretionary trust and details how the trust deed has been changed over time.

...the trust deed and vide clauses 18 and 19, the trustees have been given power to amend, alter, change or modify the provisions of the trust deed with a condition mentioned therein.

A trust deed is a real property security instrument created by statute. The relevant statute is the Oregon Trust Deed Act, ORS 86.705-86.795.When the grantor (the property owner) pays the debt owed to the beneficiary (the lender), the trustee re-conveys the property back to the grantor.

When intentions are clear, there's less room for anyone to go back on the agreement. In fact, it can be difficult to challenge a declaration of trust in court the only cases which tend to be represented are on the grounds of fraud or misrepresentation.

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Oregon Change or Modification of Deed of Trusts