- Who sends it
- Mediation Case Manager, the service provider the Oregon Department of Justice appointed to run the Oregon Foreclosure Avoidance Program
- What it starts
- 25 days to pay your fee (no more than $200) and send your documents; the conference is set within 75 days of the notice
- Do this first
- Mark the 25-day date, call a free housing counselor, and call Mediation Case Manager at 855-658-6733 if you need help paying
What this notice is in Oregon
Under ORS 86.726, a lender that plans to foreclose a residential trust deed must first ask for a resolution conference with you, before a notice of default is recorded or a foreclosure lawsuit is filed. A residential trust deed covers a home with four or fewer units where one is your main home. The Oregon Department of Justice says the program was created in 2013 and that it contracted Mediation Case Manager to run it.
Within 10 days after it gets the lender's request, the program must schedule the conference and mail you this notice at every address it has for you, including post office boxes (ORS 86.729(1)). The notice gives a range of dates and a place or a phone or video method, lists the documents you and the lender must send, says each side pays a fee, and says you must see a housing counselor before the conference.
Oregon Housing and Community Services says that a letter in this program's envelope asking for payment is a legitimate state-sponsored program, not a scam.
What it does and does not mean
- It is not a notice of default and not a sale notice. The lender cannot record a notice of default and election to sell on a home loan without a valid certificate of compliance from this program, an exemption affidavit, or the Veterans Affairs exemption (ORS 86.752(4)).
- It is your chance to sit down with the lender and a neutral facilitator before any foreclosure starts.
- The lender must attend with complete authority to agree to a deal, or have someone with that authority on the line (ORS 86.732(1)).
- It does not mean the lender must change your loan. Oregon Housing and Community Services says the lender is not required to modify the loan if you are not eligible.
- Small lenders that started 30 or fewer Oregon residential foreclosures last year can file an exemption and skip the program (ORS 86.726(1)(b)).
The deadlines it starts and how to count them
- Fee and documents: within 25 days after the date the program sends the notice (ORS 86.729(2)). Count calendar days from the sending date on the notice, not from the day you opened it. Your fee cannot be more than $200.
- What you send: information about your income, expenses and debts, a description of any hardship, and documents that verify your income.
- Low income: Oregon Housing and Community Services says all but $50 of the fee may be waived, but the reduced fee must still be paid by the deadline on the notice.
- Missed fee: the program must cancel the conference (ORS 86.729(5)(b)) and issue the lender a certificate of compliance within 5 days (ORS 86.736(2)).
- Lender's turn: within 25 days after your information is made available to it, the lender must pay its fee and send the trust deed, a certified copy of the note, your payment history, an itemized statement of what you owe and what it takes to cure, its net present value inputs and results, and its latest appraisal or price opinion (ORS 86.729(4)).
- Rescheduling: the date can move if you both agree, or if one side asks in writing for a new date no more than 30 days after the original date and shows good cause (ORS 86.729(5)(a)).
See how long foreclosure takes in Oregon for the full timeline.
What to do this week
- Write the 25-day fee deadline on your calendar today.
- Call a housing counselor. You must consult one before the conference unless you tell the program you could not get an appointment in time (ORS 86.729(3)). Oregon Housing and Community Services lists its homeownership centers on its Foreclosure Avoidance Program page, and the counseling is free.
- Pay the fee the way the notice says. If money is tight, call Mediation Case Manager at 855-658-6733 before the deadline and ask about the low-income waiver.
- Gather pay stubs, benefit letters, bank statements, a list of monthly bills and a short hardship letter, and upload them as the notice directs.
- Plan to attend in person or by phone or video. You can bring a lawyer, a housing counselor, or both (ORS 86.732(1)(b)(B)).
- If you reach a deal, it must be put in a written document that you and the lender sign (ORS 86.732(2)).
The Oregon foreclosure mediation page walks through the whole program.
Help and scam warnings
Oregon Housing and Community Services says that if you are unsure whether a business, including Mediation Case Manager, is real, you can call the Department of Justice Consumer Protection Hotline at 877-877-9392.
- Pay the program fee only to the program, as the notice directs. Never pay a private company to "get you into" the conference.
- In Oregon a foreclosure consultant cannot collect any fee until it has done every service it promised, and you can cancel its contract at any time in writing (ORS 646A.710, 646A.715).
- If the lender later decides you do not qualify for any option, it must mail you a plain-language reason within 10 days (ORS 86.748). Keep that letter.
- More help is on the Oregon foreclosure help page.
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
What happens if I do not pay the Oregon resolution conference fee on time?
The program cancels the conference and gives your lender a certificate of compliance within 5 days (ORS 86.729(5)(b), 86.736(2)). The lender can then record a notice of default. Oregon Housing and Community Services says the fee deadline is set by law and cannot be changed.
What if I miss the document deadline but paid the fee?
Oregon Housing and Community Services says the program will not cancel the conference if your documents are late, but the lender may not give you information about your loan and you are much less likely to reach an agreement. Get help from a housing counselor to upload them as soon as you can.
I never got a Notice of Resolution Conference. Can I ask for one?
Yes, if no notice of default has been recorded and no foreclosure suit filed. A housing counselor must first certify in writing that you are more than 30 days behind or have a hardship that may qualify you for help (ORS 86.726(3)). This does not work if your lender filed a valid exemption.
Does the lender have to send someone who can make a deal?
Yes. The lender or its agent must have complete authority to negotiate and commit to a foreclosure avoidance measure, or bring in someone with that authority by phone or video (ORS 86.732(1)). The facilitator's report says whether that happened.
Other Oregon letters
- 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.
- 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.
Sources
- ORS 86.726 to 86.748 (resolution conference, certificate of compliance, denial letters), Oregon Legislature
- Oregon Department of Justice: Foreclosure Avoidance Program
- Oregon Housing and Community Services: Oregon Foreclosure Avoidance Program
- Oregon Foreclosure Avoidance Program (Mediation Case Manager)