Consent Affidavit Examples

Consent Affidavit Examples for Partition, Subdivision or Condominium Plats

Consent Statement

According to ORS 92.075(3), trust deed beneficiaries and mortgage holders must consent only when there is a proposed dedication of land for public purposes on a plat.

According to ORS 92.075(2), vendors of contracts of sale must consent on every plat.  Contract vendees do not have to consent.

One of the following two paragraphs must appear on a 8½" x 11" document and be signed, notarized, and returned or mailed to the County Surveyor’s Office, 1620 SE 190th Avenue, Portland, Oregon 97233-5999, to be recorded with the partition, subdivision, or condominium plat. Be sure to include “Return To:” information as well as a 1½" X 4" space in the upper right-hand corner (see example).

The following paragraph applies to partition plats:

(enter name or names), trust deed beneficiary(ies) of that trust deed as recorded in (enter recording number or numbers) on (enter recording date), Multnomah County Deed Records, hereby consent to the declaration of Partition Plat No. ________________*, Multnomah County Plat Records, including all dedications and donations of property to public purposes that are referenced in the declaration.

The following paragraph applies to subdivision or condominium plats:

(enter name or names), trust deed beneficiary (ies) of that trust deed as recorded in (enter recording number or numbers) on (enter recording date), Multnomah County Deed Records, hereby consent to the declaration of (enter name of subdivision or condominium) as recorded in Book  ________*, Page(s)  ________ *, Multnomah County Plat Records, including all dedications and donations of property to public purposes that are referenced in the declaration.

If necessary, substitute the words “mortgage holder,” “contract vendor,” or “fee owner” for the words “trust deed beneficiary.”

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Signatures

If the “consenter” is signing as an individual, the “consenter’s” name must be printed under the line intended for his or her signature.

If the “consenter” is signing on behalf of a company, the “consenter’s” name, title, and company name must be printed under the line intended for his or her signature.

If the “consenter” is signing on behalf of a partnership, the “consenter’s” name, the word "partner,” and the partnership name must be printed under the line intended for his or her signature.

If the “consenter” is signing as a trustee, the “consenter’s” name, the word “trustee,” and the name of the trust must be printed under the line intended for his or her signature.

For an acknowledgement in an individual capacity, use the following:

State of ______________	)		
                        )SS
County of _____________	)			

This instrument was acknowledged before me on (enter date) by (enter name(s) of person(s)).

(legible stamp of notary)                   _________________________________						

                                            My commission expires____________

For an acknowledgement in a representative capacity, use the following:

State of ____________)			
                     )SS
County of __________ )				

This instrument was acknowledged before me on (enter date) by (enter name(s) of person(s)) as (enter type of authority, e.g., officer, partner, trustee, etc.) of (enter name of party on behalf of whom instrument was executed).

(legible stamp of notary)                   __________________________________						

                                            My commission expires ____________

Mylars

Consent affidavit statement to appear on mylars:

A consent affidavit from (enter name or names), (a) trust deed beneficiary (ies), has been recorded as Document No. ________________*, Multnomah County Deed Records.

A consent affidavit from (enter name or names), (a) mortgage holder(s), has been recorded as Document No. ________________*, Multnomah County Deed Records.

A consent affidavit from (enter name or names), (a) contract vendor(s), has been recorded as Document No. ________________*, Multnomah County Deed Records.

A consent affidavit from (enter name or names), (a) fee owner(s), has been recorded as Document No. ________________*, Multnomah County Deed Records.

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If the “consenter” is a trustee, use the following statement:

A consent affidavit from (enter name or names of trustee), (a) trustee(s) of the (enter name of trust) and (a) trust deed beneficiary (ies), has been recorded as Document No. ________________*, Multnomah County Deed Records.

If necessary, substitute the words “mortgage holder,” “contract vendor,” or “fee owner” for the words “trust deed beneficiary.”

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