| Citation | Topic | Requirement |
| Administrative Rules / Or. Admin. Rules 137-110-0300 | Beneficiary Exemption Affidavit | Exemption requests on or after August 4th, 2013. The requirements of SB 558 do not apply to a beneficiary who submits to the Attorney General a sworn affidavit that states that during the preceding calendar year the beneficiary did not commence more than 175 actions to foreclose a residential trust deed by advertisement and sale under ORS 86.735 or by suit under ORS 88.010. Complete the form listed below and send a copy to DOJ@foreclosuremediationOR.org or mail it to: Oregon Foreclosure Avoidance Program, Oregon Department of Justice, 1162 Court Street NE, Salem, OR 97301-4096. |
| Administrative Rules / Or. Admin. Rules 137-110-0670(1) | Certificate of Compliance | The service provider must issue a certificate of compliance if: (a) the grantor fails to timely pay the fee required by Or Laws 2013, chapter 304, section 3(2)(a) and OAR 137-110-200; or (b) the service provider receives a report from the facilitator that states the resolution conference has concluded and the service provider's records demonstrate that the beneficiary has: (A) submitted the materials required under section 3(4) of Oregon Laws 20/3, chapter 304, to the service provider; (B) appeared in person at, or sent an agent to, the resolution conference with complete authority to negotiate on the beneficiary's behalf and commit the beneficiary to a foreclosure avoidance measure, or if the beneficiary or agent did not have complete authority, required the participation by remote communication of a person with complete authority to negotiate on the beneficiary's behalf and commit the beneficiary to a foreclosure avoidance measure; (C) signed a document that sets forth the terms of any foreclosure avoidance measure to which the beneficiary and the grantor agreed; and (D) complied with sections 2,3, and 4 of Oregon Laws 2013, chapter 304. |
| Mortgage Lender Law / Or. Admin. Rules 441-870-0050(1) | Disclosure to Investor | Must provide a written disclosure to an investor, prior to the time of sale of any interest in real estate paper. |
| Administrative Rules / Or. Admin. Rules 137-120-0020(1) | Foreclosure Avoidance Measure Notice | If the beneficiary determines that a grantor is not eligible for a foreclosure avoidance measure or that the grantor has not complied with the terms of a foreclosure avoidance measure to which the grantor has agreed, the beneficiary must mail a written notice, at least 30 days before the date specified for the trustee’s sale, to the grantor after making the determination. |
| Mortgages and Liens / Or. Rev. Stat. §86.756 | Foreclosure Notice | If a notice of default is recorded for property that is subject to a residential trust deed, the sender of a notice of sale must, on or before the date the notice of sale is served or mailed, give notice to the grantor by both first class and certified mail. |
| Mortgages and Liens / Or. Rev. Stat. §86.165(3) | Late Charge Notification | Unless the note or mortgage held by the lender provides for payment of a late charge on delinquent periodic installments and a monthly billing, coupon or notice is provided by the lender disclosing the date on which periodic installments are due and that a late charge may be imposed if payment is not received by lender within 15 days thereafter. |
| Insurance / Or. Rev. Stat. §746.201(1) | Lender Placed Insurance Notice | Must be provided if the loan agreement contains a provision authorizing the lender to place insurance on the property. Notice may be included in the contract or loan agreement, or as a separate document. |
| Property Rights and Transactions / Or. Rev. Stat. §93.740(4) | Notice of Pendency of an Action (Optional Form) | In all suits concerning liens on real property, a party may record with the recorder of deeds of the county in which the property lies a notice of the pendency of the action containing the names of the parties, the object of the suit, and the description of the real property. |
| MERS / Or. Rev. Stat. §86.726 | Notice of Resolution Conference | A beneficiary that intends to foreclose a residential trust deed must first request a resolution conference with the grantor before the beneficiary or the trustee files a notice of default. |
| Mortgages and Liens / Or. Rev. Stat. §86.764 | Notice of Sale | (1) After recording a notice of default as provided in ORS 86.752 and at least 120 days before the day the trustee conducts the sale, notice of the sale with the contents described in ORS 86.771 must be served pursuant to ORCP 7 D(2) and 7 D(3) or mailed by both first class and certified mail with return receipt requested. |
| Mortgages and Liens / Or. Rev. Stat. §86.771 | Notice to Residential Tenants | If the property includes one or more dwelling units that are subject to ORS chapter 90, include a notice addressed clearly to any individual who occupies the property and who is or might be a residential tenant. See Or. Rev. Stat. §86.745 for additional information. |
| Mortgages and Liens / Or. Rev. Stat. §86.782 | Notice to Residential Tenants of Change in Ownership | If property purchased at the trustee's sale includes 1 or more dwelling units that are subject to ORS Chapter 90, the purchaser must provide written notice of change in ownership to the occupants of each unit within 30 days after the date of sale and before or concurrently with service of a written termination notice. |
Mortgage Lender Law & Consumer Finance Act / Or. Admin. Rules §441-870-0040 | Prepayment Penalty Disclosure | MLA - If a residential loan agreement provides for a penalty to be charged for repaying the loan prior to the date provided for repayment in the loan agreement, it is a manipulative, deceptive, or fraudulent act or practice to fail to provide in writing of a size equal to at least 10-point bold or underlined type a specific notice. If a residential loan agreement authorizes the lender to refuse to accept repayment of the loan prior to the date provided for repayment in the loan agreement, it constitutes a manipulative, deceptive, or fraudulent act or practice to fail to provide in the loan agreement in writing of a size equal to at least ten-point bold or underlined type a specific disclosure. CFA - If a loan agreement provides for a penalty to be charged for repaying the loan prior to the date provided for repayment in the loan agreement, the loan agreement must contain in printing or writing of a size equal to at least 10-point bold or underlined type a specific notice. |
| Mortgages and Liens / Or. Rev. Stat. §86.720 | Release of Lien | Within 30 days after performance of an obligation secured by a trust deed, the beneficiary must deliver a written request to the trustee to reconvey the real property described in the trust deed to the grantor. Within 30 days after the beneficiary delivers the request, the trustee must reconvey the real property described in the trust deed to the grantor. If a full reconveyance of a trust deed has not been executed and recorded within 60 calendar days of the date the obligation secured by the trust deed was fully satisfied, a title insurance company or agent may prepare, execute and record a release of trust deed in accordance with Or. Rev. Stat. §86.720(3). |
| Administrative Rules / Or. Admin. Rules 137-110-0610(1) | Universal Intake Form | The grantor must provide the Intake Form 610 to the mediation service provider at least 15 days prior to the first scheduled mediation session. |
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