Removing racial exclusions from property deeds
A How-To Guide with forms and instructions
How to remove racial exclusions from your deed
Many thanks to Alan Brickley, Amy Houchen, Layla Kailani McLean, Ode Minton-Smith and Jennifer Rollins for their help and guidance in drafting this overview of the process. This attempt to describe the necessary steps is not legal advice, your experience may differ.
Step 1: Locate your deed to see if it contains racial restrictions.
If you don’t have a copy in your files, you can look up your property at the Multnomah County division of Assessment, Recording and Taxation (DART) (Multnomah County division of Assessment, Recording and Taxation (DART). It may be necessary to visit the DART office in person. See the website for details. Copy fees may apply. A real estate agent may also be able to get this information for you at no cost.
Step 2. Download and complete forms.
There are four forms in the Discriminatory Property Provisions packet provided by the Oregon Judicial Department. Two additional forms that you may find helpful are provided here. (LINK)
Following is a list of the forms, how to fill them out, and what to do with them.
1. Petition to Remove Discriminatory Provisions (two pages). File this form with the circuit court for the county where the property is located. There are no filing fees for the Petition. The Petition can be filed in person (when the courts are open to the public again), by mail or online. The court clerk will provide you with a case number when the Petition is filed or over the phone if filing by mail. Find more information on how to file a case here.
2. General Judgment to Remove Discriminatory Restrictions to Real Property Records. Complete this form and send a copy to any other owners listed on the property title (see #3 below for more information on this). Hold on to the original, you will submit it later to the Court. To complete this form, fill in the exact language to be removed in the same way as written in the Petition (including page number, section, and paragraph, as applicable) on Line 15 where it says The discriminatory provisions to be removed from the title of the real property is/are as follows. On Line 20, write in the information requested or attach a copy. The Judge will check the appropriate box following the line: NOW THEREFORE, it is hereby ORDERED AND ADJUDGED that: The General Judgment form must meet the requirements in ORS 205.232:
Text must be typed, written, or printed in 8-point type or larger
Page size must be between 8 1/2" x 11" and 8 1/2" x 14"
Paper must be of a quality that can be photocopied or otherwise reproduced
There must be enough space for the recording sticker (4" x 2") to be placed on the first page of the document (preferably in the upper right hand corner)