(a) A total of $1,000 for both trustee’s fees and attorney fees, or the amount actually charged by the trustee and attorney, whichever is less, if the trust deed is a residential trust deed; or
(b) Reasonable attorney fees and trustee’s fees actually charged by the trustee and attorney if the trust deed is not a residential trust deed. Any person entitled to cure the default may, either before or after reinstatement, request any court of competent jurisdiction to determine the reasonableness of the fee demanded or paid as a condition of reinstatement. The court may award attorney fees to the prevailing party. An action to determine reasonable attorney fees or trustee’s fees under this section shall not forestall any sale or affect its validity.
(2) After cure of the default under subsection (1) of this section, all proceedings under ORS 86.764 to 86.782 shall be dismissed by the trustee, and the obligation and trust deed shall be reinstated and shall remain in force the same as if no acceleration had occurred. [Formerly 86.753]
Structure 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 86.150 - Loan agreements and promissory notes to state maximum prepayment privilege penalty.
Section 86.160 - Definitions for ORS 86.160 to 86.185.
Section 86.205 - Definitions for ORS 86.205 to 86.275.
Section 86.245 - Interest on security protection deposits; exception.
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 86.736 - Certificate of compliance; expiration.
Section 86.741 - Attorney General duties and powers; payments; rules.
Section 86.744 - Foreclosure Avoidance Fund.
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 86.771 - 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 86.786 - 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.