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DEPARTMENT OF JUSTICE

 

DIVISION 110

FORECLOSURE AVOIDANCE MEDIATION PROGRAM

Purpose, Application, Definitions and Structure

137-110-0010

Definitions

As used in these division 110 rules:

(1) “Foreclosure avoidance facilitator roster” means the roster of qualified facilitators maintained by the service provider.

(2) “Oregon Foreclosure Avoidance Program” means the resolution conference program established under Oregon Laws 2013, chapter 304.

(3) “Party” means the grantor, the beneficiary and the beneficiary’s agent if the beneficiary authorizes the agent to appear on the beneficiary’s behalf at the resolution conference.

(4) “Service provider website” means an internet-based system maintained by the service provider at http://www.foreclosuremediationor.org and designed to facilitate the exchange of necessary program-related documents and other information.

Stat. Auth.: 2013 OL Ch. 304
Stats. Implemented: 2013 OL Ch. 304
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

Mediator Qualifications, Training and Experience

137-110-0110

Mediator Qualifications, Training and Experience

(1) A facilitator conducting a resolution conference under the Oregon Foreclosure Avoidance Program shall:

(a) Have conducted at least 20 mediations or resolution conferences of any type or subject matter as a mediator or facilitator. Work performed as an assistant or apprentice under the supervision of a lead mediator or facilitator may also be counted toward the 20-resolution conference requirement. Observations of sessions may not count toward work performed as an assistant or apprentice;

(b) Provide evidence of at least 100 hours of mediation or resolution conference experience as a mediator or facilitator or as an assistant or apprentice mediator or facilitator. Work that a mediator or facilitator performs to prepare for and schedule the mediation or resolution conference or to prepare the parties for a mediation or resolution conference may be counted towards this 100-hour requirement. Observations of sessions may not count toward the 100-hour requirement;

(c) Disclose to the service provider the professional standards to which the facilitator subscribes;

(d) Have successfully participated in at least 30 hours of training that is consistent with the curriculum found in Section 3.2 of the Oregon Judicial Department Court Connected Mediator Qualification Rules effective August 1, 2005;

(e) Provide evidence of successful participation in at least 16 hours of training on foreclosure avoidance programs and the substantive law and legal processes regarding foreclosures in Oregon including ORS Chapter 86; and

(f) Provide evidence of successful participation in at least 8 hours of training on the procedures, practices and policies of the Oregon Foreclosure Avoidance Program. This training shall include some interactive instruction, such as role-playing.

(2) The service provider may grant a waiver from the training requirements in subsections 1(d), 1(e) and 1(f) of this rule upon a showing by the facilitator of significant and related education or experience.

(3) The service provider shall decide whether or not an individual:

(a) Meets the minimum qualifications as a facilitator under these rules;

(b) Is included on the foreclosure avoidance resolution conference roster; or

(c) Is assigned to a resolution conference.

(4) An individual who meets the minimum qualifications as a facilitator under these rules or who is added to the foreclosure avoidance resolution conference roster may not represent that fact as license or certification of their competency for anything other than their role in the Oregon Foreclosure Avoidance Program.

Stat. Auth.: 2013 OL Ch. 304 Sec. 6(1)(e)
Stats. Implemented: 2013 OL Ch. 304 Sec. 6(1)(e)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

Fee Schedule

137-110-0200

Fees Paid by the Grantor, Fee Waiver

(1) The grantor shall pay a fee of $175 to the service provider at the time required by Oregon Laws 2013, chapter 304, section 3(2)(a). If there are joint or multiple grantors, only one grantor must pay this fee.

(2) The grantor may apply for a waiver of $125 of the fee described in section (1) of this rule at the time the grantor is required by Oregon Laws 2013, chapter 304, section 3(2)(a), to pay the fee. The grantor shall pay $50 at the time of the fee waiver request.

(3) A grantor’s application for a fee waiver under section (2) of this rule shall be granted if the grantor is able to provide satisfactory evidence to the service provider that the grantor’s annual household income is less than:

(a) $ 23,340 for a household of one;

(b) $ 31,460 for a household of two;

(c) $ 39, 580 for a household of three;

(d) $ 47,700 for a household of four;

(e) $ 55,820 for a household of five;

(f) $ 63,940 for a household of six;

(g) $ 72,060 for a household of seven;

(h) $ 80,180 for a household of eight;

(i) $ 88,300 for a household of nine; or

(j) $ 96,420 for a household of ten or more.

(4) The service provider shall decide whether to grant a grantor’s application for a fee waiver made under section (2) of this rule within 10 days of receiving the application.

(5) If the service provider denies a grantor’s application for a fee waiver made under section (2) of this rule, the grantor shall pay the remaining $125 within 15 days of receiving the service provider’s determination not to grant a fee waiver but never later than the date of the scheduled resolution conference.

(6) Failure by a grantor to timely pay fees will result in cancellation of the resolution conference.

Stat. Auth.: 2013 OL Ch. 304, Sec. 3(2)(a), 6(1)(d) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(2)(a) & 6(1)(d)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0210

Fees Paid by Beneficiary

(1) If a beneficiary requests a resolution conference, the beneficiary shall pay a $200 processing fee to the service provider at the time of making the request. The beneficiary shall pay an additional $325 to the service provider within 25 days after the service provider makes the grantor’s documents available to the beneficiary, as required by Oregon Laws 2013, chapter 304, section 3(4)(a).

(2) If a grantor requests a resolution conference, the beneficiary or the beneficiary’s agent shall pay a fee of $525 to the service provider within 25 days after the service provider makes the grantor’s documents available to the beneficiary, as required by Oregon Laws 2013, chapter 304, section 3(4)(a).

(3) If a lienholder other than a beneficiary who requested the resolution conference participates, the lienholder is not required to pay a fee under this rule.

(4) A beneficiary that is otherwise exempt from the requirement to participate in a resolution conference with a grantor pursuant to Oregon Laws 2013, chapter 304, section 2(1)(b), may participate in a resolution conference by:

(a) Submitting a request for a resolution conference in the manner prescribed by OAR 137-110-0410;

(b) Paying $325 within 25 days of the date on which the grantor makes the documents required by OAR 137-110-0610 available to the service provider; and

(c) Following the resolution conference guidelines set forth in OAR 137-110-0600 to 137-110-0670.

(5) The service provider and beneficiary may enter into an agreement allowing the fees described in sections (1)-(4) of this rule to be paid in regular lump sums.

Stat. Auth.: 2013 OL Ch. 304, Sec. 2(2), 3(4)(a), 6(1)(d) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 2(2), 3(4)(a) )
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0300

Beneficiary Exemptions

Beneficiaries claiming an exemption from the requirement to participate in a resolution conference with a grantor under Or Laws 2013, chapter 304, section 2(1)(b), shall submit an affidavit that substantially complies with the model form provided in Appendix A to these division 110 rules and available as “Form 300” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml.. The affidavit may be submitted to the Attorney General either:

(1) By U.S. mail addressed to Attorney General of Oregon, Foreclosure Avoidance Mediation Program,1162 Court St. NE, Salem, OR 97301-4096; or

(2) By electronic mail addressed to DOJ@foreclosuremediationOR.org.

[ED. NOTE: Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.]

Stat. Auth.: 2013 OL Ch. 304, Sec. 2(1)(b) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 2(1)(b)
Hist.: DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

Requesting A Resolution Conference

137-110-0410

Beneficiary Request for Resolution Conference

(1) A beneficiary may request a resolution conference under Or Laws 2013, chapter 304, section 2(2), by submitting the request, applicable fees, and required information to the service provider using the service provider website or by facsimile or mail. The beneficiary’s request under this rule must identify the residential trust deed that the beneficiary intends to foreclose and list the name, title, address, telephone number and other available contact information for:

(a) The beneficiary;

(b) Any agent of the beneficiary that will attend the resolution conference;

(c) Any person other than a person identified in paragraph (a) or (b) of Or Laws 2013, chapter 304, section 2(2), that will receive, on the beneficiary’s behalf, notices or other communications related to the resolution conference; and

(d) The grantor.

(2) If the information provided in section (1) of this rule changes prior to the resolution conference, the beneficiary shall update that information with the service provider.

[ED. NOTE: Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.]

Stat. Auth.: 2013 OL Ch. 304, Sec. 2(2), 6(1)(f) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 2(2) & 6(1)(f)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0420

Grantor Request for Resolution Conference

A grantor may request a resolution conference either:

(1) Through a housing counselor who may request a resolution conference on behalf of the grantor by using the service provider website to certify that the grantor is more than 30 days in default on the obligation that the residential trust deed secures or, if the grantor is not in default, that the grantor has a financial hardship that the housing counselor believes may qualify the grantor for a foreclosure avoidance measure.

(2) By submitting a request to the service provider electronically via e-mail or the service provider website, by facsimile, or by mail. The request shall include a certification by a housing counselor that the grantor is more than 30 days in default on the obligation that the residential trust deed secures or, if the grantor is not in default, that the grantor has a financial hardship that the housing counselor believes may qualify the grantor for a foreclosure avoidance measure.

[ED. NOTE: Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.]

Stat. Auth.: 2013 OL Ch. 304, Sec. 2(3), 3(2), 3(3) & 6(1)(g)
Stats. Implemented: 2013 304, sec 2(3), 3(2), 3(3), 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

Mediation Initiated by a Grantor at Risk of Default
Resolution Conference Guidelines

137-110-0600

Facilitator Authority and Role

(1) The facilitator has no authority to impose a settlement on the grantor or the beneficiary or to render any decisions on any substantive issue or to make any legal determinations.

(2) The facilitator and the service provider may rely on assertions made in the documents provided by the parties and need not make an independent inquiry.

(3) The facilitator shall:

(a) Act as an impartial intermediary and not as an advocate for the beneficiary or the grantor;

(b) Make appropriate disclosures to the parties about the facilitator’s skills and the specific resolution conference approaches the facilitator uses;

(c) Support the ability of the parties to make informed decisions regarding the resolution conference process and outcomes by ensuring that parties are provided with information regarding the resolution conference process and that relevant documents are available to the parties;

(d) Conduct resolution conferences fairly, diligently, even-handedly, and with no personal stake in the outcome;

(e) Avoid actual, potential, or perceived conflicts of interest that can arise from a facilitator’s relationship or experience that reasonably raise a question about the facilitator’s impartiality;

(f) Affirmatively disclose to the service provider and the parties any actual, potential or perceived conflicts of interest that could raise a question about the facilitator’s impartiality;

(g) Where a party, the facilitator or the service provider questions the facilitator’s ability to act impartially, and the issue cannot be resolved to the satisfaction of the questioner, the facilitator shall decline to serve or withdraw if already serving as the facilitator in a particular resolution conference. Having questioned a facilitator’s impartiality, and that facilitator having declined to serve, the ability of a party to exclude any subsequent facilitator shall be at the discretion of the service provider;

(h) Not engage in any other services, other than the resolution conference, for any of the parties involving the same or significantly related issues, unless the parties agree in writing; and

(i) Preserve the grantor’s and the beneficiary’s desired levels of confidentiality.

Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(e) & 6(1)(f)
Stats. Implemented: 2013 OL Ch. 304, Sec. 6(1)(e) & 6(1)(f)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0605

Resolution Conference Scheduling

(1) Within 10 days after the date on which the beneficiary or grantor requested a resolution conference as provided in Oregon Laws 2013, chapter 304, section 2, the service provider shall send a Notice of Resolution Conference to the grantor and beneficiary. The notice must:

(a) Specify a range of dates within which and a location at which the resolution conference will occur;

(b) State that the beneficiary and the grantor must each pay the facilitator’s fees for the resolution conference;

(c) List and describe the documents that the beneficiary and grantor must submit to the service provider;

(d) State that the grantor must consult a housing counselor before attending the resolution conference unless the grantor notifies the service provider that the grantor could not obtain an appointment with a housing counselor before the date of the resolution conference;

(e) State that the grantor may have an attorney or housing counselor present to represent the grantor at the resolution conference, and that the grantor must attend the resolution conference in person unless there are compelling circumstances that prevent attendance in person;

(f) Provide contact information for:

(A) The Oregon State Bar’s Lawyer Referral Service;

(B) Service agencies or other providers that offer free or low-cost legal services; and

(C) A list of not-for-profit housing counselors approved the Oregon Housing and Community Services Department.

(2) Within 5 days after receiving the grantor’s fee, the service provider shall send a written notice to the grantor and the beneficiary that specifies the date, time and location of the resolution conference.

Stat. Auth.: 2013 OL Ch. 304, Sec. 3(1), 3(2), 3(4) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(1), 3(2), 3(4) & 6(1)(g)
Hist.: DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0610

Documents Required of the Grantor

(1) The grantor shall provide the following documents to the service provider for provision to the beneficiary within 25 days after the date on which the service provider sends a Notice of Resolution Conference:

(a) A completed “Universal Intake Form” provided in Appendix B and available by selecting “Form 610” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml or a substantially similar form;

(b) Information about the grantor’s income, expenses, debts and other obligations;

(c) A description of the grantor’s financial hardship, if any;

(d) Documents that verify the grantor’s income.

(2) In addition to the documents listed in subsection (1), a grantor’s successor-in-interest shall provide documents that establish the person’s identity and legal interest in the property, including but not limited to letters testamentary, letters of administration, or a court certified copy of a small estate affidavit.

(3) Within 5 days of receiving documents provided by the grantor, the service provider shall make those documents available to the beneficiary using the service provider website. The service provider shall provide the documents to the beneficiary in an alternative format upon request.

(4) If a grantor fails to timely provide documents as required by Oregon Laws 2013, chapter 304 and section (1) of this rule, the grantor and the beneficiary shall nevertheless appear at the resolution conference. A grantor who does not timely provide a document required by this rule is at increased risk of the resolution conference concluding without reaching an agreement for a foreclosure avoidance measure.

(5) The Oregon Foreclosure Avoidance Program may ask grantors to provide documents that contain social security numbers. The Program will inform grantors that it does not require them to provide their social security numbers, but that grantors may do so voluntarily to facilitate resolution with the beneficiary. The Program will tell grantors that if they provide their social security numbers, the numbers will be disclosed to the beneficiary, the grantor’s housing counselor and the facilitator for the purposes of the resolution conference and to the service provider for the purpose of ensuring that the grantor has submitted the necessary documents.

[ED. NOTE: Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.]

Stat. Auth.: 2013 OL Ch. 304, Sec. 3(2)(c) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(2)(c) & 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 8-2013(Temp), f. & cert. ef. 8-22-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0620

Documents Required of the Beneficiary

(1) Within 25 days after the service provider makes the information the grantor provided under Oregon Laws 2013, chapter 304, and OAR 137-110-0610 available to the beneficiary, the beneficiary shall provide the following documents to the service provider for provision to the grantor:

(a) Copies of:

(A) The residential trust deed; and

(B) The promissory note that is evidence of the obligation that the residential trust deed secures and that the beneficiary or beneficiary’s agent certifies is a true copy;

(b) The name and address of the person that owns the obligation that is secured by the residential trust deed;

(c) A record of the grantor’s payment history for the longer of the preceding 12 months or since the beneficiary last deemed the grantor current on the obligation;

(d) An itemized statement that shows:

(A) The amount the grantor owes on the obligation, itemized to reflect the principal, interest, fees, charges and any other amounts included within the obligation; and

(B) The amount the grantor must pay to cure the grantor’s default;

(e) A document that identifies:

(A) The input values for each net present value model that the beneficiary or the beneficiary’s agent uses in this transaction; and

(B) The output values that each net present value model produces;

(f) The appraisal or price opinion the beneficiary relied on most recently to determine the value of the property that is the subject of the residential trust deed;

(g) The portion of any pooling agreement, servicing agreement or other agreement that the beneficiary cites as a limitation or prohibition on modifying the terms of the obligation, together with a statement that describes the extent to which the beneficiary sought to have the limitation or prohibition waived;

(h) A description of any additional documents the beneficiary requires to evaluate the grantor’s eligibility for a foreclosure avoidance measure.

(2) Nothing in section (1)(e) of this rule requires a beneficiary or the beneficiary’s agent to disclose the algorithmic formula of the net present value model used by the beneficiary or the beneficiary’s agent.

(3) If a beneficiary fails to timely provide documents as required by section (1) of this rule, the grantor and the beneficiary shall nevertheless appear at the resolution conference. A beneficiary who fails to provide a document required by this rule is at risk of the resolution conference concluding without the beneficiary receiving a certificate of compliance.

Stat. Auth.: 2013 OL Ch. 304, Sec. 3(4)(b) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(4)(b) & 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0630

Rescheduling the Resolution Conference

(1) Upon written request from both the grantor and beneficiary, the service provider may reschedule the resolution conference to a mutually agreed-upon date. Written notice shall be provided by facsimile, electronic mail, regular mail, or through the service provider’s website.

(2) Upon written request from either grantor or beneficiary, and upon good cause shown, the service provider may reschedule the resolution conference for not more than 30 days after the original date scheduled for the resolution conference. The request shall set forth the circumstances demonstrating good cause with particularity and shall be provided by facsimile, electronic mail, regular mail, or through the service provider’s website.

(3) If the service provider grants rescheduling, the service provider shall issue a notice that provides the new date, time, and location of the resolution conference within 10 days of the request for rescheduling.

Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(5), 6(1)(f) & 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0640

Confidentiality

No videotaping, transcription or other recording of resolution conferences is permitted except by written agreement of the parties and the facilitator.

Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(5), 6(1)(f) & 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0650

Participation in the Resolution Conference

(1) Any party wishing to participate in a resolution conference shall do so in accordance with all other provisions of OAR 137-110-0001 to 137-110-0670.

(2) If a trust deed includes joint or multiple grantors, and fewer than all grantors confirm participation in the resolution conference, the resolution conference may nevertheless occur with the consent of the beneficiary.

(3) The grantor, or any individual that a court appoints to act on the grantor’s behalf, must attend the resolution conference in person unless there are compelling circumstances that prevent attendance in person.

(4) The service provider may assist the parties in obtaining an interpreter. However, if the service provider is unable to provide an interpreter, the party needing an interpreter is responsible for securing and paying for the interpreter. The manner of participation of a language interpreter during a resolution conference will be determined by the facilitator.

(5) Any mediator or facilitator wishing to observe a resolution conference for training purposes may only do so with the written consent of all participants.

Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-110-0670

Certificate of Compliance

(1) The service provider shall issue a certificate of compliance if:

(a) The grantor fails to timely pay the fee required by Oregon 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 complies with Oregon Laws 2013, chapter 304, section 4(4) and the beneficiary has:

(A) Submitted the materials required under section 3(4) of Oregon Laws 2013, 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.

(2) The certificate of compliance that has been signed and notarized by the service provider shall be issued to the beneficiary or the beneficiary’s agent no later than five days following:

(a) Cancellation of the resolution conference if the certificate is issued pursuant to section (1)(a) of this rule.

(b) Receipt of the facilitator’s report under Oregon Laws 2013, chapter 304, section 4(4) if the certificate is issued pursuant to section (1)(b) of this rule.

(3) The certificate of compliance shall include:

(a) The name of the grantor;

(b) The name of the beneficiary;

(c) The address of the property at issue;

(d) Reference to the recording information of the trust deed at issue;

(e) A certification that either:

(A) The beneficiary or its agent appeared at the resolution conference and complied with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304; or

(B) The grantor failed to timely pay the fee required by Oregon Laws 2013, chapter 304, section 3(2)(a), and OAR 137-110-0200.

(4) The certificate of compliance described in this rule shall substantially comply with the model form provided in Appendix C to these division 110 rules and available as “Form 670” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml.

(5) Unless otherwise requested, the service provider shall mail the original certificate of compliance to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary’s attorney. The service provider shall mail a copy of the certificate to the grantor(s).

[ED. NOTE: Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.]

Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 5, 6(1)(f) & 6(1)(g)
Hist.: DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

137-010-0675

Notice That No Certificate of Compliance Will Be Issued

(1) If a beneficiary failed to meet a requirement to which the beneficiary was subject under sections 2, 3 or 4 of Oregon Laws 2013, chapter 304, the service provider shall issue a notice explaining why the service provider will not issue a certificate of compliance.

(2) The service provider may cancel a resolution conference if, prior to the date the resolution conference first convenes, the grantor and beneficiary agree to cancel the conference and confirm their agreement in writing to the service provider. The service provider shall issue a notice explaining why the service provider will not issue a certificate of compliance.

(3) This notice issued under section (1) of this rule shall substantially comply with the model form provided in Appendix D to these division 110 rules and available as “Form 670a” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml. Unless otherwise requested, the service provider shall mail the notice described in this rule to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary’s attorney. The service provider shall mail a copy of the notice described in this rule to the grantor(s).

(4) Unless otherwise requested, the service provider shall mail the notice described in this rule to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary’s attorney. The service provider shall mail a copy of the notice described in this rule to the grantor(s).

Stat. Auth.: OL 2013, ch. 304, sec 6(1)(f), 6(1)(g)
Stats. Implemented: OL 2013, ch. 304, sec 5, 6(1)(f), 6(1)(g)
Hist.: DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

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