- Who sends it
- The trustee or the lender (beneficiary), who records it with the county clerk; you usually see it with or before the notice of sale
- What it starts
- A trustee foreclosure by advertisement and sale; the notice of sale can follow, with the sale at least 120 days later
- Do this first
- Check the recording date and whether a certificate of compliance or exemption was recorded, then call a housing counselor
What this document is in Oregon
Oregon calls a trustee foreclosure "foreclosure by advertisement and sale." Under ORS 86.752(3), the trustee or beneficiary must record a notice of default with the county clerk in each county where the property is. It must contain the information ORS 86.771 requires and state the election to sell the property to satisfy the debt.
That information includes the names of the grantor, trustee and beneficiary, the trustee's mailing address, a description of the property, where the trust deed is recorded, the default, the sum owing, and your right to cure (ORS 86.771).
For a residential trust deed, the lender must also record a valid, unexpired certificate of compliance from the resolution conference program, a copy of its exemption affidavit, or the Director of Veterans Affairs exemption affidavit (ORS 86.752(4)).
What it does and does not mean
- It means the lender has chosen to sell the home to pay the debt. It does not sell the home and does not set the sale by itself. The notice of sale does that.
- It is not a court case. You will not get a summons unless the lender sues instead under ORS 88.010.
- The lender must also have mailed any required written explanation within 10 days after deciding you did not qualify for a foreclosure avoidance measure (ORS 86.748(1)). That rule applies even to exempt lenders.
- A trustee foreclosure cannot go forward if you are complying with a foreclosure avoidance measure you and the lender agreed to (ORS 86.752(6)).
The deadlines it starts and how to count them
- Notice of sale: after the notice of default is recorded, the notice of sale must be served or mailed at least 120 days before the sale (ORS 86.764(1)). Count calendar days from the mailing or service date to the sale date. Mailed notice is effective when mailed.
- Cure: you can cure up to 5 days before the date last set for the sale by paying what is past due, not the whole loan, plus actual costs (ORS 86.778). For a home loan, trustee and attorney fees together are capped at $1,000 or the amount actually charged, whichever is less.
- Certificate life: a certificate of compliance expires one year after it is issued (ORS 86.736(1)(b)), and it must be valid when the notice of default is recorded.
- Denial letter affidavit: at least 5 days before the sale, the lender must record an affidavit that it complied with the denial-letter rule (ORS 86.748(2)).
What to do this week
- Get a copy of the recorded notice from the county clerk if you do not have one, and write down the recording date.
- Check that a certificate of compliance or an exemption was recorded with it. If you never got a Notice of Resolution Conference and the lender is not exempt, show this to legal aid quickly.
- Ask your servicer in writing for the amount needed to cure and how it was figured.
- Send your servicer a complete loss mitigation application and keep proof of what you sent.
- Ask a trusted person to record a request with the county clerk to get copies of future notices under your trust deed (ORS 86.806), so someone else is watching the dates too.
- Read how to stop foreclosure in Oregon.
Help and scam warnings
Once a notice of default is recorded, it is public, and people who read the county records may contact you. Free help is available from Oregon Housing and Community Services housing counselors, legal aid offices listed on OregonLawHelp, and the Oregon State Bar Lawyer Referral Service at 1-800-452-7636.
- A foreclosure consultant must give you its contract at least 24 hours before you sign, cannot take payment before finishing every promised service, and cannot take an interest in your home (ORS 646A.710).
- Report problems to the Oregon Department of Justice Consumer Protection Hotline at 877-877-9392.
- See the Oregon foreclosure help page for complaint offices.
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 after an Oregon notice of default can my home be sold?
The notice of sale can go out once the notice of default is recorded, and the sale must be at least 120 days after the notice of sale is served or mailed (ORS 86.764). Postponements can add up to 180 more days in total (ORS 86.782(2)).
Can an Oregon lender record a notice of default without a resolution conference?
Only if it recorded a valid exemption affidavit (30 or fewer Oregon residential foreclosures last year) or the Veterans Affairs exemption, or if the conference was canceled because the fee was not paid. Otherwise it needs a valid certificate of compliance (ORS 86.752(4), 86.736).
Can someone else get copies of my Oregon foreclosure notices?
Yes. Before the notice of default is recorded, any person can record a request with the county clerk for copies of any notice of default and notice of sale under your trust deed (ORS 86.806). The trustee must then send notice of sale to that person too (ORS 86.764(2)(d)).
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.
- 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.
- Eviction summons and complaint after a trustee's saleIn Oregon, the buyer at a trustee's sale is entitled to possession on the 10th day after the sale. Anyone still in the home after that is a tenant at sufferance, and the buyer must file an eviction case to remove them. The summons gives a first appearance date, and only a court judgment and the sheriff can remove you.