Tag: foreclosure

By February 24, 2014 0 Comments Read More →

Multnomah County Foreclosure Panel Publishes Consensus On Common Issues

Attorneys and pro se homeowners appearing in judicial foreclosure cases in Multnomah County should take note of the Consensus of Judges on Multnomah County Foreclosure Panel. The Consensus is a non-binding set of “rulings” of the foreclosure panel that represent the consensus view of the judges who serve on the panel. The Consensus is intended […]

Posted in: News and Events
By February 3, 2014 0 Comments Read More →

Did You Know? Oregon Treats Residential and Non-Residential Trust Deeds Differently

Homeowners, and even attorneys, are often confused about the difference between a residential and a non-residential trust deed under Oregon law. The distinction is not intuitive and the Legislature has substantially amended the statute that defines “residential trust deed” twice since the foreclosure crisis began. What is a Residential Trust Deed? Under current law, a […]

Posted in: Did You Know?
New Mortgage and Foreclosure Bills Introduced in the 2014 Oregon Legislature
By February 1, 2014 0 Comments Read More →

New Mortgage and Foreclosure Bills Introduced in the 2014 Oregon Legislature

The Oregon Legislature will convene on February 3 and at least a few mortgage and foreclosure bills will haunt the hallways. Bills to watch include: HB 4033 This bill requires a trust deed beneficiary to provide a copy of the note and a “beneficiary statement” and/or a “payoff statement” within 21 days from receipt of […]

Posted in: Features
Stealing Bases: Lenders Using Writs of Assistance To Remove Tenants Post-Foreclosure in Violation of State and Federal Law
By January 31, 2014 4 Comments Read More →

Stealing Bases: Lenders Using Writs of Assistance To Remove Tenants Post-Foreclosure in Violation of State and Federal Law

Another troubling foreclosure practice has come to light in Oregon. Lenders are using common law writs of assistance to avoid the post-foreclosure eviction process and summarily remove tenants in derogation of both state and federal laws. State and Federal Law Protects Tenants From Summary Eviction Post-Foreclosure Writs of assistance are creatures of common law arising […]

Posted in: Features
By January 31, 2014 0 Comments Read More →

Advocates Request Additional Funding for Oregon Housing Counselors

Oregon’s foreclosure rate remains higher than the national average and our housing recovery continues to limp along. In fact, one group recently gave Oregon’s housing market a “D.” The best tool Oregon has to reduce foreclosures? The revamped foreclosure mediation program, officially known as the Oregon Foreclosure Avoidance Program (OFAP). Since the program launched in August […]

Posted in: News and Events
By November 22, 2013 0 Comments Read More →

Two Banks Partner With Oregon Company to Offer Reemployment Program for Delinquent Homeowners

M&T Bank recently joined Fifth Third Bank in offering a reemployment program for homeowners who are struggling to pay their mortgages due to job loss. The program is operated by NextJob, Inc., a nationwide reemployment company headquartered in Bend, Oregon. Early this year, Fifth Third announced that it was partnering with NextJob to provide unemployed […]

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By November 18, 2013 1 Comments Read More →

Businesses Back Bank Blight in Portland, Communities Suffer

Earlier this year Representative Lew Frederick (D-Portland) sponsored a bill that authorizes cities to prohibit purchasers at foreclosure sales from neglecting the properties while vacant. After the bill became law, Portland Mayor Sam Adams created a plan to register vacant properties, but the Portland Business Alliance objected and the city council never approved it. Apparently […]

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By November 17, 2013 2 Comments Read More →

Nationstar Issues Public Apology to Elderly Oregon Couple For Botched Modification

An Oregon couple has received a public apology from Nationstar, one of the nation’s largest mortgage loan servicers, for botching their loan modification. Nationstar approved Michael and Judith McElderly for a trial period plan in January 2013. Nationstar promised the McElderlys that it would permanently modify their loan if they made three trial payments of […]

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By November 17, 2013 0 Comments Read More →

The “Merkley Mortgage” Expands to Clackamas and Washington Counties

Earlier this year the Oregon Homeowner Stabilization Initiative (OHSI) launched a pilot program in Multnomah County to refinance underwater borrowers into affordable mortgages. That program is now expanding into Clackamas and Washington counties to reach more borrowers in need. Officially known as the Rebuilding American Homeownership Assistance Pilot Program (RAHAPP), the program has been affectionately […]

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Grover v. HomeStreet Bank: Lender Lockout Is Trespass To Land For Which Emotional Distress Damages May Be Recoverable
By November 12, 2013 0 Comments Read More →

Grover v. HomeStreet Bank: Lender Lockout Is Trespass To Land For Which Emotional Distress Damages May Be Recoverable

In Grover v. HomeStreet Bank, et al., the chapter 13 bankruptcy debtor survived a motion to dismiss an adversary proceeding against the lender (Oregon Housing and Community Services) and loan servicer (HomeStreet Bank) to recover damages from an illegal lockout. After commencing a nonjudicial foreclosure, the lender’s agents allegedly entered plaintiff’s property and locked her […]

Posted in: Cases