- Who sends it
- The person sending the notice of sale (usually the trustee), by first class and certified mail, on or before the day the notice of sale goes out
- What it starts
- No new deadline of its own; it repeats the sale date and the right to cure up to 5 days before the sale
- Do this first
- Call the phone number on it for the exact amount to catch up and the number for loan options, and write both answers down
What this notice is in Oregon
ORS 86.756 requires it whenever a notice of default is recorded on a residential trust deed. It must be mailed to you by first class and certified mail, return receipt requested, at every address on file, on or before the date the notice of sale is served or mailed. If the sender knows you do not live in the home, the occupant gets a copy too.
It begins: "NOTICE: YOU ARE IN DANGER OF LOSING YOUR PROPERTY IF YOU DO NOT TAKE ACTION IMMEDIATELY." It states the amount you needed to bring the loan current as of a stated date, a phone number to get the exact current amount, an address for a certified mail request, and the sale date, time and place.
The phone numbers must reach someone during business hours who has your loan details and someone the lender authorized to discuss payment and modification options. They must be toll-free unless the lender is a private individual lending its own money (ORS 86.756(3), (4)).
What it does and does not mean
Under the heading "THIS IS WHAT YOU CAN DO TO STOP THE SALE," the form lists four options:
- Pay the amount past due or correct any other default, up to five days before the sale.
- Refinance or otherwise pay off the loan in full any time before the sale.
- Call the person named on the notice to find out if your lender will give you more time or change the loan terms.
- Sell your home, if the price is enough to pay what you owe.
It is not a bill for the full loan, not an eviction notice, and not a court paper. The amount shown is from a past date and may have grown.
The deadlines and how to count them
- Cure: until 5 days before the date last set for the sale (ORS 86.778). Count back 5 calendar days from the sale date on this notice or any later postponed date.
- Payoff or refinance: any time before the sale itself.
- If you never got this notice: you have the same rights as a junior lienholder left out of a court foreclosure if (1) it was not sent to you, (2) you did not actually get a copy at least 25 days before the sale, and (3) you tell the trustee, the buyer, the lender or a servicer in writing no later than 60 days after the buyer takes possession that you did not get it and did not know about the sale (ORS 86.761). Count the 60 days from the date the buyer takes possession.
Before the sale, the trustee must record an affidavit that it mailed this notice (ORS 86.774(4)).
What to do this week
- Call the first phone number and ask for the exact amount to bring the loan current, good through a stated date. Ask for it in writing.
- Call the second phone number and ask about more time, a repayment plan or a modification. Write down the name and date of each call.
- If you prefer, send the written request by certified mail to the address on the notice.
- Compare the sale date with the date on the notice of sale. If they differ, call the trustee.
- Call the statewide number printed on the form for a nearby counseling agency, or use Oregon Housing and Community Services' list of homeownership centers.
Help and scam warnings
The form itself warns: "You may get offers from people who tell you they can help you keep your property. You should be careful about those offers. Make sure you understand any papers you are asked to sign."
- It points you to the Oregon State Bar Lawyer Referral Service and to a directory of legal aid programs for people with low income.
- Oregon Housing and Community Services says the bar's referral service has a $35 first consultation and a Modest Means Program with reduced rates.
- Report rescue scams to the Oregon Department of Justice Consumer Protection Hotline at 877-877-9392. See 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.
Common questions
I never got the Oregon danger notice and my home was sold. Is there anything I can do?
Possibly. If it was not sent and you did not actually get a copy at least 25 days before the sale, you have the rights of an omitted junior lienholder, but only if you tell the trustee, buyer, lender or a servicer in writing within 60 days after the buyer takes possession (ORS 86.761). Talk to legal aid right away.
Why is the amount on the Oregon danger notice lower than what my servicer says now?
The form shows what was needed as of a stated date and says the amount may have increased since then (ORS 86.756(1)). Call the number on the form for the current figure, or ask the trustee in writing at least 15 days before the sale (ORS 86.786).
Does this notice come with every Oregon foreclosure?
It is required when a notice of default is recorded on a residential trust deed, which covers a home with four or fewer units where one is your main home (ORS 86.756, 86.705). It is not required for commercial property.
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.
- 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.