2021 Oregon Revised Statutes
Chapter 086 - Mortgages; Trust Deeds
Section 86.705 - Definitions for ORS 86.705 to 86.815.


(1) "Affordable housing covenant" has the meaning given that term in ORS 456.270.
(2) "Beneficiary" means a person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest, and who is not the trustee unless the beneficiary is qualified to be a trustee under ORS 86.713 (1)(b)(D).
(3) "Eligible covenant holder" has the meaning given that term in ORS 456.270.
(4) "Grantor" means the person that conveys an interest in real property by a trust deed as security for the performance of an obligation.
(5) "Law practice" means a professional corporation, partnership, limited liability partnership, limited liability company or sole proprietorship that is engaged in the practice of law in this state.
(6) "Residential trust deed" means a trust deed on property upon which are situated four or fewer residential units, one of which the grantor, the grantor’s spouse or the grantor’s minor or dependent child occupies as a principal residence at the time the trust deed is recorded or, in the case of a purchase money loan, one of which is intended to be the principal residence of the grantor, the grantor’s spouse or the grantor’s minor or dependent child after the trust deed is recorded.
(7) "Residential unit" means an improvement designed for residential use.
(8) "Trust deed" means a deed executed in conformity with ORS 86.705 to 86.815 that conveys an interest in real property to a trustee in trust to secure the performance of an obligation the grantor or other person named in the deed owes to a beneficiary.
(9) "Trustee" means a person, other than the beneficiary, to whom a trust deed conveys an interest in real property, or the person’s successor in interest, or an employee of the beneficiary, if the employee is qualified to be a trustee under ORS 86.713. [1959 c.625 §1; 1961 c.616 §1; 1975 c.618 §1; 1983 c.719 §1; 1985 c.817 §1; 1989 c.190 §1; 2011 c.712 §1; 2012 c.112 §5; 2013 c.125 §1; 2013 c.465 §4; 2013 c.625 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 086 - Mortgages; Trust Deeds

Section 86.095 - Acts not affecting priority of lien of credit instrument.

Section 86.110 - Discharge of record by owner and holder of mortgage note who is not the mortgagee of record.

Section 86.150 - Loan agreements and promissory notes to state maximum prepayment privilege penalty.

Section 86.155 - Priority of line of credit instrument as to certain advances; procedure to limit indebtedness in residential line of credit instrument.

Section 86.157 - Action for residual debt after short sale of residential property; payoff statements.

Section 86.160 - Definitions for ORS 86.160 to 86.185.

Section 86.165 - Late charge.

Section 86.205 - Definitions for ORS 86.205 to 86.275.

Section 86.225

Section 86.230

Section 86.240 - Limit on amount required in security protection escrow account; compliance with federal laws for certain loans as compliance with state laws.

Section 86.245 - Interest on security protection deposits; exception.

Section 86.255 - Arrangements where security protection provisions not required; information to borrower.

Section 86.260 - Payment of taxes where security protection provision required; credit of discount where taxes not paid; cause of action by borrower.

Section 86.265 - Effect of lender violation of ORS 86.205 to 86.275.

Section 86.705 - Definitions for ORS 86.705 to 86.815.

Section 86.707 - Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748.

Section 86.713 - Qualifications of trustee; certificate of authority to transact business; law practice serving as trustee; appointment of successor trustee; trustee’s duties.

Section 86.720 - Reconveyance upon performance; liability for failure to reconvey; release of trust deed.

Section 86.722 - Correction of error concerning status or effect of trust deed; rights of bona fide purchaser.

Section 86.726 - Resolution conference for foreclosure; exemptions; procedure to request conference; fee.

Section 86.729 - Scheduling and notice for resolution conference; information required; fees; postponement, rescheduling and cancellation; liability of facilitator.

Section 86.732 - Attendance at resolution conference; authority of beneficiary’s agent; representation of grantor; terms of foreclosure avoidance measure; report.

Section 86.736 - Certificate of compliance; expiration.

Section 86.741 - Attorney General duties and powers; payments; rules.

Section 86.744 - Foreclosure Avoidance Fund.

Section 86.748 - Determination of ineligibility for foreclosure avoidance measure; notice; recording; penalty.

Section 86.752 - Foreclosure by advertisement and sale.

Section 86.756 - Notice to grantor; requirements; additional forms; rules.

Section 86.761 - Failure to give notice to grantor; remedy.

Section 86.764 - Notice of sale for certain persons.

Section 86.767 - Failure to give notice of sale; action by omitted person; defense; pleading and proving knowledge of sale; attorney fees; exclusive remedy.

Section 86.771 - Contents of notice of sale; additional notices; contents and requirements.

Section 86.774 - Service and publication of notice; recording proof of compliance.

Section 86.778 - Discontinuance of foreclosure proceedings after cure of default.

Section 86.782 - Sale of property; obtaining possession after sale; procedures; notices; requirements for postponing or rescinding sale.

Section 86.786 - Request for information from trustee.

Section 86.789 - Information provided by trustee.

Section 86.794 - Disposition of proceeds of sale.

Section 86.797 - Effect of sale; actions for deficiency; restrictions.

Section 86.812 - Impermissible conditions for approving short sale or sale of note; exceptions.

Section 86.815 - Time within which foreclosure must be commenced.