Oregon Statutes 93.804 – Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument
(1) As used in this section:
Terms Used In Oregon Statutes 93.804
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) ‘Instrument’ includes an electronic record as defined in ORS § 84.004.
(b) ‘Original certification’ or ‘original signature’ includes an electronic signature as defined in ORS § 84.004.
(2) Except as provided in subsections (3) and (4) of this section, if an instrument presented for recording conveys an interest in real property and is required by law to be acknowledged or proved, a county clerk may not record the instrument unless the instrument contains the original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgment was made.
(3) A county clerk may record a certified copy of an instrument that conveys an interest in real property if a law authorizes recording a certified copy of the instrument and the instrument contains the original certification of the certifying officer.
(4) If an instrument that is eligible to be recorded under the laws of this state is presented for recording as an electronic image or by electronic means, a county clerk may record the instrument. If the county clerk records the instrument, the county clerk shall require the person that presents the instrument for recording to certify by electronic means or otherwise that the instrument, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section.
(5) A county clerk may enter into a contract to receive instruments as electronic images or by electronic means with a contractor that presents the instruments for recording on behalf of another person. The contractor or the other person shall certify by electronic means or otherwise that the instrument that the contractor presents for recording, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section. [1991 c.230 § 21; 2011 c.386 § 1; 2019 c.402 § 1]