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The County Clerk is responsible for recording and maintaining real property records.
Recording Fees
The fee to record the first page of a Deed is $86. Each additional page is $5.
The fee to record the first page of a Mortgage is $86. Each additional page is $5.
The fee to record the first page of a Lien is $76. Each additional page is $5.
Documents containing multiple transactions are $5 per transaction, in addition to other applicable fees.
A non-standard document fee of $20 applies to documents not meeting the requirements. This is in addition to other fees.
The certification fee is $3.75 per document, and 25 cents per each page.
If you have questions about recording fees, contact the Gilliam County Clerk directly.
Document Formatting Requirements
Warranty deeds, easements, and other documents relating to real property located in Gilliam County can be recorded with the County Clerk. Only documents that are required or permitted by law can be recorded. The County Clerk will reject odd documents for which the customer cannot site an ORS, Ordinance, or Administrative Rule allowing for recording.
The first page should contain the following information:
An instrument must have a clear title that provides sufficient detail to enable the clerk to record it in the appropriate record book.
Deeds submitted for recording must contain the name and address of all indexed parties (direct/grantor and indirect/grantee) on the first page. This requirement includes the name and address of the beneficiary on applicable loan instruments.
Failure to provide the name and address of a party, indirect or direct, on an instrument presented for recording may result in the instrument being rejected or, if otherwise qualified for recordation, assessed the $20 non-standard penalty. A cover sheet may be used to provide the mandated information and to avoid the $20 non-standard fee. The cover sheet will be $5 extra.
The first page should contain the name and address, for mailing purposes only, of the person to whom the document is to be returned.
For instruments that convey or contract to convey fee title to real estate, provide the address to which property tax statements should be mailed.
For documents assigning a mortgage or trust deed, include the name and address of the assignee.
For documents conveying or contracting to convey title to any real estate and all memorandums of such documents, the true and actual consideration paid for such transfer must be noted on the first page.
For documents recorded in the Clerk's Lien Records, state the amount of any monetary obligation, the name and address of persons subject to an order or warrant and the officer, agency, board, complainant, or claimant.
FORMATTING REQUIREMENTS
* Instruments must be printed on sheets of at least 20-pound opaque bond paper not larger than 8.5 x 14 inches (or smaller than 8.5 x 11 inches) with text written or printed in a font size of at least 8 point and of sufficient quality for recording photographically. If the document is not in compliance with this, add the non-standard fee of $20. This does not apply to out-of-state notarial acts or to certified copies of public records.
* The first page must have a blank space of 3 x 3 inches and a 1.5 inch margin for all other sides. If this space is not provided, an additional $5 will be charged for adding an extra page.
* Documents submitted for recording must be in the English language.
* Signatures and notary stamps must be original; photocopies or faxed copies cannot be recorded.
* Notary seals must not cover text or signatures on the document. A blurred or faint notary stamp cannot be accepted for recording. Information may be written outside the seal border, or a new seal/acknowledgment can be affixed to compensate.
* Any highlighting of text or other information will result in rejection of the document.
* Flaps or riders must be attached to a page on at least two sides. Anything under the flap or rider will not be recorded.
* Legal descriptions must have the subdivision name, lot, and block; or book and page or instrument number of a previously recorded deed where the legal description can be found. The assessor's map and tax lot number or account number is not accepted as a legal description.
* A statement outlined in ORS 93.040 is required on all deeds.
* A line of credit instrument should state the maximum principal amount to be advanced on the first page.
RE-RECORDING
Any errors in the cover sheet do not affect the transactions contained in the instrument itself. The cover sheet does not need to be separately signed or acknowledged. Any document presented for re-recording should have, word for word, the following re-recording certificate affixed to the first page, or added as a new first page:
"Re-recorded to correct (reason for re-recording) at the request of (printed name of requestor) previously recorded as document number _____ or book # _____ page # _____. The undersigned hereby certifies the above information to be true and correct." This should be followed by the requestor's signature and the requestor's title.
If a document is rejected as "illegible" due to a notary and/or corporate seal or highlighting covering text, re-do the document or if you think the illegible section on the document is either unimportant or unnecessary, it can be removed or crossed out; however, be sure to check with your legal counsel prior to doing so.
The information may be necessary to the document.
If a form contains illegible text, a legible form of the same kind may be attached to the original and should state "attached for legibility" somewhere on the attached page. Attaching extra pages will increase the recording costs.
Effect of Recording:
Every conveyance, deed, land sale contract, assignment of all or any portion of a seller's or purchaser's interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property within this state which is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any portion thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a seller's or purchaser's interest in a land sale contract or other agreement or memorandum thereof is first filed for record, and as against the heirs and assigns of such subsequent purchaser.