Oregon State Archives

FORECLOSURE AVOIDANCE MEASURE NOTICES

137-120-0010

Application

These division 120 rules apply to any beneficiary seeking to foreclose a residential trust deed pursuant to ORS 86.705 to 86.795.

Stat. Auth.: 2012 OL Ch. 112, Sec. 4a
Stats. Implemented: 2012 OL Ch. 112, Sec. 4a
Hist.: DOJ 11-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 1-2013, f. 1-3-13, cert. ef. 1-7-13

137-120-0020

Determination of Grantor Ineligibility for or Noncompliance With Foreclosure Avoidance Measure

(1) If a beneficiary determines that a grantor is not eligible for any 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 or the beneficiary’s agent shall serve a notice of that determination to the grantor as provided in ORS 86.740(1) that includes:

(a) The name of the grantor;

(b) The name of the beneficiary;

(c) The address of the property at issue;

(d) A statement that the beneficiary has either:

(A) Determined that the grantor is not eligible for any of the following: a forbearance agreement, a temporary or permanent loan modification, a short sale, a deed-in-lieu of foreclosure, or any other foreclosure avoidance measure, stating each foreclosure avoidance measure considered. The basis for the beneficiary’s determination must be described with specificity in plain language; or

(B) Determined that the grantor is not in compliance with the terms of an agreement for forbearance, a temporary or permanent loan modification, a short sale, a deed-in-lieu of foreclosure, or another foreclosure avoidance measure. The basis for the beneficiary’s determination must be described with specificity in plain language;

(e) A statement of whether the beneficiary has been able to make contact with the grantor or receive adequate response from the grantor. If the grantor is ineligible for a foreclosure avoidance measure because the beneficiary has been unable to make contact with the grantor or receive adequate response from the grantor, stating what efforts were made to contact the grantor and the inadequacy of the response;

(f) The date specified for the property’s trustee sale; and

(g) Provide contact information for low-cost legal service providers and the Oregon State Bar.

(2) The notice described in section (1) of this rule shall substantially comply with the model form provided in the Appendix to these division 120 rules and available as “Form 20” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml.

(3) A copy of the notice described in section (1) of this rule shall be submitted to the Attorney General of Oregon at 1162 Court St. NE, Salem OR, 97301 or foreclosureavoidance@doj.state.or.us.

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

Stat. Auth.: 2012 OL Ch. 112, Sec. 4a(4)
Stats. Implemented: 2012 OL Ch. 112, Sec. 4a(4)
Hist.: DOJ 11-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 1-2013, f. 1-3-13, cert. ef. 1-7-13