Foreclosure Notice Required by House Bill 3630 (2008)
A foreclosure requirement was adopted by the 2008 Legislature.
HB 3630 requires this notice must be sent to any homeowner entering foreclosure
when the notice of sale that is being sent on or after June 9, 2008.
Generally, the person handling the foreclosure process for
the property on behalf of the lender (known as the "trustee") will
be responsible for sending the notice.
Each trustee must fill in his or her specific telephone numbers.
These numbers must be accessible to the homeowner during regular business
hours and provide person-to-person consultation with an individual who is
authorized to discuss the homeowner's payment and loan term negotiation and
modification options. These numbers must be toll-free other than the specific
exceptions provided in statute.
If the trustee knows that the property owner (homeowner)
does not actually reside at the property entering foreclosure, the notice
must be sent to the homeowner and the occupant of the property, such as a
renter, by both first class and certified mail with return receipt requested.
If a homeowner does not receive a copy of this notice at
least 25 days before the trustee sells the home in foreclosure, then the homeowner
is treated like other creditors in a court action for creditors not given
notice of the sale. Homeowners should contact a licensed attorney if they
have questions about the effect of being treated as a creditor. Contact information
for legal aid services and the Lawyer Referral Service for the Oregon State
Bar are included on the form.
The division developed the foreclosure notice. It is designed
to be filled out electronically - the trustee must complete all forms that
are blank before sending it to the homeowner.
The form is available in Word
or PDF versions.
