2021 Oregon Revised Statutes
Chapter 086 - Mortgages; Trust Deeds
Section 86.756 - Notice to grantor; requirements; additional forms; rules.


______________________________________________________________________________
NOTICE:
YOU ARE IN DANGER OF LOSING
YOUR PROPERTY IF YOU DO NOT
TAKE ACTION IMMEDIATELY
This notice is about your mortgage loan on your property at _________ (address).
Your lender has decided to sell this property because the money due on your mortgage loan has not been paid on time or because you have failed to fulfill some other obligation to your lender. This is sometimes called "foreclosure."
The amount you would have had to pay as of _____ (date) to bring your mortgage loan current was $_____. The amount you must now pay to bring your loan current may have increased since that date.
By law, your lender has to provide you with details about the amount you owe, if you ask. You may call _________ (telephone number) to find out the exact amount you must pay to bring your mortgage loan current and to get other details about the amount you owe. You may also get these details by sending a request by certified mail to: _________.
THIS IS WHEN AND WHERE
YOUR PROPERTY WILL BE SOLD
IF YOU DO NOT TAKE ACTION:
Date and time: _________, 2_____ at _________
Place: _________
THIS IS WHAT YOU CAN DO
TO STOP THE SALE:
1. You can pay the amount past due or correct any other default, up to five days before the sale.
2. You can refinance or otherwise pay off the loan in full anytime before the sale.
3. You can call _________ (name) at _________ (telephone number) to find out if your lender is willing to give you more time or change the terms of your loan.
4. You can sell your home, provided the sale price is enough to pay what you owe.
There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at _________. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at _________ or toll-free in Oregon at _________ or you may visit its website at: _________. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to _________.
WARNING: You may get offers from people who tell you they can help you keep your property. You should be careful about those offers. Make sure you understand any papers you are asked to sign. If you have any questions, talk to a lawyer or one of the organizations mentioned above before signing.
DATED: _____, 2_____
Trustee name: _________ (print)
Trustee signature: _________
Trustee telephone number: _________
______________________________________________________________________________
(2) The Department of Consumer and Business Services may adopt rules prescribing the format, font size and other physical characteristics of the notice form set forth in subsection (1) of this section. The department shall adopt rules specifying the resource telephone contact numbers and website addresses the sender is to insert in completing the notice.
(3) When filling blanks in the notice form set forth in subsection (1) of this section, the sender of the notice shall include, stated in plain language:
(a) The amount of payment that was needed to bring the mortgage loan current as of the date stated in the notice; and
(b) One or more telephone numbers consisting of:
(A) A telephone number that will allow the grantor access during regular business hours to details regarding the grantor’s loan delinquency and repayment information; and
(B) A telephone number that will allow the grantor access during regular business hours to person-to-person consultation with an individual authorized by the beneficiary to discuss the grantor’s payment and loan term negotiation and modification options.
(4) Telephone numbers described in subsection (3) of this section must be toll-free numbers unless the beneficiary:
(a) Made the loan with the beneficiary’s own money;
(b) Made the loan for the beneficiary’s own investment; and
(c) Is not in the business of making loans secured by an interest in real estate.
(5) If the sender giving notice under subsection (1) of this section has actual knowledge that the grantor is not the occupant of the residential real property, the sender shall also give notice to the occupant of the property by both first class and certified mail with return receipt requested to all addresses on file with the trustee for the occupant, including post office boxes.
(6) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with a notice under subsection (1) of this section. [Formerly 86.737; 2017 c.251 §5; 2019 c.405 §7]

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.