Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Oregon on
Q: Is it really a law that a realtor can ask me to send my DL or Passport to them over the internet.
Jim Boness
Jim Boness pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

There is no Oregon law that requires you to provide any particular information over the internet for a real estate transaction. There are no civil or criminal sanctions for refusing this request. The request may be the realtors preferred practice, but you are not obligated to comply with the... View More

View More Answers

1 Answer | Asked in Real Estate Law for Oregon on
Q: : i have lived in my fiance in what I was told an was his \are home for 4 y know his mom has moved in says we have to go
John Michael Frick
John Michael Frick
answered on Oct 4, 2023

It’s pretty simple to check deed records to see who owns a home.

If your name is on the deed, it’s your home and you do not have to go even if someone else’s name is on the deed too.

If your fiancé’s mom’s name is on the deed, it’s her home and if she says you have to...
View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: I own a house in Keizer, Oregon. Both of our names are on the deed. He is having heart problems and might die if the by-

He might die. We don't have an Erickson Agreement. Can he sign something and send it to me so the house will be safely in my name in the case of his death? Please give me a wording for Right of Survivorship.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

In Oregon, if you want to ensure that the house automatically passes to you upon the other owner's death, you can add a "Right of Survivorship" provision to your deed. The wording to create a joint tenancy with right of survivorship is generally along the lines of: "This... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
Karn Thapar
Karn Thapar
answered on Aug 22, 2023

Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More

View More Answers

1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: how important is it for the realitor to disclose information such as property tax laws to a senior citizen and easments

I bought a property in Toledo OR last March and a water line broke, I understand that it is my responsibility to fix the damage because the water meter is on my property. It is located across the street on a hill. I was not told by escrow or my realitor that I actually owned the road in front of... View More

Theressa Hollis
Theressa Hollis
answered on Jun 7, 2023

Despite the fact that you are a senior this isn't actually an elder law question. You may do better posting this in the topic of real estate. As far as I know the realtor had no duty to warn you that your property taxes were likely to increase in the future. You would have been able to see... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can someone enter into a contract regarding certain activities being done on my property without my knowledge.

I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Native American Law and Probate for Oregon on
Q: Is there a statue of limitations on Indian land trust in Oregon? If i have living will that bequeath as me as the heir

I am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I'm a landlord. I own four rental units on single property. Tenant in one unit here since Jan 1 2023.

Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Apr 3, 2023

You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... View More

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Oregon on
Q: Can Oregon take my home if my mother left it to me and she signed a waiver to the state for home health care. She is dec

Eased and I am disabled

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.

2 Answers | Asked in Real Estate Law, Constitutional Law and Legal Malpractice for Oregon on
Q: Someone please tell me how it's not illegal for the courts to order a homeowner to give their home to a land owner?

I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... View More

TeAnna Rice
TeAnna Rice
answered on Mar 20, 2023

In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.

To answer your...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Wat does a notice of entry of judgment limited mean
Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

It means that some sort of Judgement was entered by the court in a case in which you are listed as a party. If you want to know more, you need to either access the court computerized records or talk with a clerk at the court where it was entered.

1 Answer | Asked in Real Estate Law for Oregon on
Q: I inherited property. The man I inherited the property from has a sister who has a mobile home on the property .

Do I have to buy the mobile home

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Probably need to hire an OR attorney and sue sister for possession (eviction). MH might be considered a fixture which you take, but has a certificate of title.

1 Answer | Asked in Real Estate Law for Oregon on
Q: How do I vest a title for a "gift" house to my daughter to ensure her spouse has no claim to it in the case of divorce?

The house is in Oregon. My husband and I own the house outright. My daughter's family has lived in it for nearly 2 years as renters. We see the house as our daughter's inheritance, she's just getting it before we die. We want to ensure it remains her house even if she and her... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2023

A Future Interests Deed from you all to your Daughter for Life, then Remainder over to the named Grandchildren as Tenants In Common would be a possibility. Many other conveyances might also work well. Hire a competent UT attorney to draft, execute and record it. Tax consequences should also be... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: What statute of limitations apply to tenants by the entirety deeds that are challenged by grantor's heirs due to fraud
Seth Meyerson
Seth Meyerson
answered on Jan 25, 2023

Generally, seven years for fraud. See an attorney, there may be facts that allow more time based on the later discovery of fraud.

1 Answer | Asked in Real Estate Law for Oregon on
Q: My HOA is placing a large assessment on my home, and will not show me where my money was spent

HOA has never once had a meeting or vote, however, treasurer owns 13/20 homes in the HOA, and has been "voting" by himself, winning by majority. I am selling my home and told of an 9200 assessment due to depletion of funds and to pay off a loan they took out without notifying homeowners.... View More

Katherine Goodman
Katherine Goodman
answered on Oct 21, 2022

There is no question for any attorney to answer on this platform.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have a renal agency coming after me for money and it has been 2 years and 2 months since I moved out, is this legal?

Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Does a real estate attorney cover everything pertaining to the sale of a home?

Would this cover all the paperwork needed to sell the house?

Katherine Goodman
Katherine Goodman
answered on Jul 13, 2022

Not all real estate attorneys practice every facet of real estate law. You will need to contact the attorney to find out if they can assist you with the area of law you need help with.

good luck.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.