- Who sends it
- The buyer at the trustee's sale, through the circuit court; the clerk mails it and a process server delivers or posts it
- What it starts
- A court eviction case with a first appearance about 7 days after filing
- Do this first
- Find the first appearance date and place on the summons, plan to be there, and call legal aid today
What this document is in Oregon
Under ORS 86.782(6)(a), the purchaser at a trustee's sale is entitled to possession on the 10th day after the sale. A person who stays after that, other than under an interest older than the trust deed, is a tenant at sufferance, and the buyer can get possession by following the court procedures in ORS 105.100 to 105.168.
That is Oregon's forcible entry and wrongful detainer process (ORS 105.110). The clerk sets a first appearance date and writes it on the summons (ORS 105.135(2)). By the end of the next court day after filing, the clerk mails the summons and complaint to you at the home, and a process server delivers them to you or attaches them securely to the main entrance (ORS 105.135(3)).
What it does and does not mean
- It does not let the buyer change the locks or remove your things on its own. Removal happens only after a judgment, a notice of restitution, and a writ served by the sheriff (ORS 105.151, 105.161).
- It does not undo the sale. After a trustee's sale there is no right to redeem (ORS 86.797(1)).
- If you rented the home from the former owner and are a bona fide tenant, different rules give you at least 30 or 60 days' written notice (ORS 86.782(6)(c)). A borrower's spouse, child or parent does not count as a bona fide tenant.
- A buyer who files before the 10th day after the sale, or the wrong kind of case, is something to point out to the court and a lawyer.
The deadlines and how to count them
- Day 10: count calendar days from the sale date. The buyer is entitled to possession on the 10th day (ORS 86.782(6)(a)).
- First appearance: 7 days after the court day following the buyer's payment of filing fees. The clerk can push it up to 7 more days (ORS 105.135(2)). Use the date printed on your summons.
- If the buyer wins: the clerk issues a notice of restitution that gives you at least 4 days to move out with your belongings. After those 4 days, the sheriff can serve a writ and return possession to the buyer (ORS 105.151).
- Writ life: a writ not enforced within 30 days of issuance expires unless the court extends it (ORS 105.161(3)).
See after a foreclosure sale in Oregon for everything that happens next.
What to do this week
- Write down the first appearance date, time and courthouse from the summons.
- Go to the first appearance. Missing it can lead to a quick judgment against you.
- Bring your foreclosure papers: the notice of sale, the danger notice, and any letters from the buyer.
- Contact free legal aid through OregonLawHelp's legal aid office finder, or the Oregon State Bar Lawyer Referral Service at 1-800-452-7636. The Oregon Judicial Department's self-help center has court information.
- If you need time to move, ask the buyer in writing. Get any move-out or cash-for-keys deal in writing.
- Ask the trustee in writing whether there was surplus money from the sale. See Oregon surplus funds.
The rest of the Oregon process
See how foreclosure works in Oregon, the timeline, ways to stop it and free help in Oregon, or read the national guide to this letter.
Common questions
How long can I stay in my Oregon home after the trustee's sale?
The buyer is entitled to possession on the 10th day after the sale (ORS 86.782(6)(a)). After that it must file an eviction case. If the buyer wins, you get at least 4 days after the notice of restitution before the sheriff can act (ORS 105.151). Total time depends on the court.
Do I have to pay a fee to go to my first appearance?
The Oregon summons form for rentals says you do not have to pay court fees for the first hearing, and that filing an answer for a trial has a fee the judge may defer (ORS 105.113). Whether the buyer uses that exact form against a former owner was not confirmed, so ask the court clerk.
Can I still claim the surplus if I am being evicted?
Yes. The eviction case is about possession only. Any surplus after sale costs, the loan and junior liens goes to you as the grantor (ORS 86.794). Write to the trustee with your new address.
Other Oregon letters
- Notice of Resolution ConferenceIn Oregon, most larger lenders must ask for a resolution conference with you before they can start a foreclosure. The program mails you this notice, and you then have 25 days to pay your fee and send your financial documents. Missing the fee deadline cancels the conference and lets the lender move ahead.
- Notice of Default and Election to SellIn Oregon, a trustee foreclosure formally starts when the trustee or lender records a notice of default and election to sell with the county clerk. For a home loan it must be recorded with proof that the lender took part in the resolution conference program or is exempt. After it is recorded, a notice of sale can go out, and the sale must be at least 120 days after that.
- Trustee's Notice of SaleThe notice of sale gives the date, time and place of the trustee's auction, at least 120 days away. It must tell you that you can stop the foreclosure by curing the default up to 5 days before the sale. It comes with a separate large-type notice warning that you are in danger of losing your property.
- Notice: You are in danger of losing your property if you do not take action immediatelyThis is a state form printed in at least 14-point type that comes with or before the notice of sale. It shows what you needed to catch up as of a date, a phone number for the current amount, the sale date and place, and four things you can do to stop the sale. If it is never sent and you do not actually get it, Oregon law gives you a special remedy.