Foreclosure sale date set in Oregon: what you can still do

Options still open before a sale in Oregon

• Confirm whether the sale is still on

  Now, and again a few days before the sale

  Your notice of sale lists the date, time and place, and the danger notice lists the trustee's name and phone number. A sale can be postponed by an announcement at the sale itself, but the trustee must also mail you written notice of a new date at least 15 days ahead. Call the trustee to confirm.

  ORS 86.771, 86.756, 86.782(2)

• Ask the trustee for the exact amount in writing

  Request at least 15 days before the sale

  Send a written request to the trustee's address on the notice of sale by certified mail or hand delivery, and include your mailing address, fax or email. The trustee must send the exact amount to cure or pay off, with fees and daily interest, at least 7 days before the sale.

  ORS 86.786, 86.789

• Cure the default

  Until 5 days before the date last set for the sale

  Pay the past-due amount plus actual costs, with trustee and attorney fees capped at $1,000 for a home loan. Pay the way the trustee tells you to and keep proof. The trustee must then dismiss the foreclosure.

  ORS 86.778

• Ask your servicer to agree to a deal and postpone

  Before the sale

  Ask about a modification, forbearance or short sale and ask the servicer to tell the trustee to postpone. The trustee can postpone up to 180 days in total, but it does not have to. Get any agreement in writing and check the new date with the trustee.

  ORS 86.707(2), 86.782(2)

• Pay off or refinance the whole loan

  Any time before the sale

  The danger notice says you can refinance or pay off the loan in full any time before the sale, or sell the home if the price covers what you owe. Ask the servicer for a written payoff amount right away.

  ORS 86.756

• Court order or bankruptcy stay

  Before the sale is held

  A court order or a bankruptcy filing stops the sale. After the stay ends, the trustee must send an amended notice of sale at least 15 days before the new date. Both need a licensed attorney or legal aid, and neither is a sure thing.

  ORS 86.752(7)(a), 86.782(12)

Common questions in Oregon