Chapter 93 — Chapter 93

ORS 93.920 Curing default to avoid forfeiture; payment of costs and expenses. A purchaser in default may avoid a forfeiture under the contract by curing the default or defaults before expiration of the notice period provided in ORS 93.915. If the default consists of a failure to pay sums when due under the contract, the default may be cured by paying the entire amount due, other than sums that would not then be due had no default occurred, at the time of cure under the terms of the contract. Any other default under the contract may be cured by tendering the performance required under the contract. In addition to paying the sums or tendering the performance necessary to cure the default, the person effecting the cure of the default shall pay all costs and expenses actually incurred in enforcing the contract, including, but not limited to, late charges, attorney fees not to exceed $350 and costs of title search. [1985 c.718 §4; 1987 c.717 §2]

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ORS 93.925 Failure to cure default; exclusiveness of notice. Notwithstanding a seller’s waiver of prior defaults, if notice is given and purchaser does not cure the default within the period specified in ORS 93.915, the contract forfeiture remedy may be exercised and the contract shall not be reinstated by any subsequent offer or tender of performance. The notice required in ORS 93.915 shall be in lieu of any notice that may be required under the terms of the contract itself, except where greater notice or notice to persons other than those described in ORS 93.915 is required by the terms of the contract, in which case notice shall be given for such longer period of time and to such additional persons as required by the contract. [1985 c.718 §5]

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ORS 93.930 Recording affidavit after forfeiture; affidavit as evidence. (1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the purchaser as provided in ORS 93.915, the seller shall record an affidavit with the property description, a copy of the notice of default and proof of mailing attached, setting forth that the default of the purchaser under the terms of the contract was not cured within the time period provided in ORS 93.915 and that the contract has been forfeited. When the affidavit is recorded in the deed records of the county where the property described therein is located, the recitals contained in the affidavit shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them

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ORS 93.935 Effect of purchaser’s abandonment or reconveyance on interest, lien or claim. (1) In the event of a default under a contract for conveyance of real property, the recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser, shall not be affected by the purchaser’s abandonment or reconveyance to the seller unless the person is given notice in the manner specified in ORS 93.915

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ORS 93.940 Effect of seller’s foreclosure or other action on interest, lien or claim. The recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, shall be not affected by the seller’s foreclosure or other action on the contract unless such person is made a party to the action brought by the seller to enforce or foreclose the contract. In such action, such person shall be entitled to the same rights and opportunities to cure the purchaser’s default or satisfy the purchaser’s obligations as are granted the purchaser. [1985 c.718 §8; 1987 c.225 §4]

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ORS 93.945 Application of ORS 93.910 to 93.940. (1) The provisions of ORS 93.910 to 93.930 shall apply only to forfeiture remedies enforced after July 13, 1985. The date that the initial written notice of a default is given to the purchaser shall be the date of enforcement of the forfeiture remedy

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ORS 93.948 URPTDA 1. Short title. ORS 93.948 to 93.979 may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 §1]

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ORS 93.949 URPTDA 2. Definitions. As used in ORS 93.948 to 93.979

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ORS 93.950 URPTDA 3. Applicability. ORS 93.948 to 93.979 apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 §3]

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ORS 93.951 URPTDA 4. Nonexclusivity. ORS 93.948 to 93.979 do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 §4]

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ORS 93.953 URPTDA 5. Authority for transfer on death deed. (1) An individual may transfer property to one or more designated beneficiaries effective at the transferor’s death by a transfer on death deed

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ORS 93.955 URPTDA 6. Revocability of transfer on death deed. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 §6]

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ORS 93.957 URPTDA 7. Nontestamentary nature of transfer on death deed. A transfer on death deed is nontestamentary. [2011 c.212 §7]

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ORS 93.959 URPTDA 8. Capacity of transferor; fraud, duress or undue influence. (1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will

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ORS 93.961 URPTDA 9. Requirements. (1) A transfer on death deed

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ORS 93.963 URPTDA 10. Notice; delivery; acceptance; consideration. A transfer on death deed is effective without

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ORS 93.965 URPTDA 11. Revocation by instrument; revocation by act. (1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument

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ORS 93.967 URPTDA 12. Effect of transfer on death deed during transferor’s life. During a transferor’s life, a transfer on death deed does not

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ORS 93.969 URPTDA 13. Effect of transfer on death deed at transferor’s death. (1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115, 112.455 to 112.555 or 112.570 to 112.590 and ORS 93.981, 93.983 and 93.985, when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and owned by the transferor at death

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ORS 93.971 URPTDA 14. Disclaimer. A beneficiary may disclaim all or part of the beneficiary’s interest as provided by ORS 105.623 to 105.649. [2011 c.212 §14]

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ORS 93.973 URPTDA 15. Liability for creditor claims and statutory allowances. (1) A transferor’s estate may enforce a liability against property transferred at the death of the transferor by a transfer on death deed to the extent that the probate estate of the transferor is insufficient to satisfy

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ORS 93.975 URPTDA 16. Form of transfer on death deed. ORS 93.948 to 93.979 govern the effect of an instrument used to create a transfer on death deed. The following form may be used to create a transfer on death deed

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ORS 93.977 URPTDA 17. Form of instrument revoking transfer on death deed. ORS 93.948 to 93.979 govern the effect of an instrument used to revoke a transfer on death deed. The following form may be used to create an instrument revoking a transfer on death deed

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ORS 93.979 Relation to Electronic Signatures in Global and National Commerce Act. ORS 93.948 to 93.979 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of a notice described in 15 U.S.C. 7003(b). [2011 c.212 §18]

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ORS 93.981 Effect of divorce or annulment on transfer on death deed. Unless a transfer on death deed provided for under ORS 93.948 to 93.979 evidences a different intent of the transferor, the divorce or annulment of the marriage of the transferor after the recording of the transfer on death deed revokes all provisions in the transfer on death deed in favor of the former spouse of the transferor and the effect of the transfer on death deed is the same as though the former spouse did not survive the transferor. [2011 c.212 §19]

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ORS 93.983 Transfer to parent who deserted or neglected transferor. (1) Property that would pass by transfer on death deed under ORS 93.948 to 93.979 from a deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is a child or sibling of the transferor, the transferor was an adult when the transferor died and

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ORS 93.985 Forfeiture of transfer by parent who deserted or neglected transferor. (1) A petition may be filed in probate proceedings to assert that the interest in property, as defined in ORS 93.949, transferred by a transfer on death deed to a parent of a deceased transferor is subject to forfeiture under ORS 93.983. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share

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ORS 93.990 Penalties. (1) The giving of a false statement of the true and actual consideration as required by ORS 93.030 is a Class A violation

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