Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
service provider shall issue a certificate of compliance if:
(a) The grantor fails to timely pay the fee
required by Oregon Laws 2013, chapter 304, section 3(2)(a) and OAR 137-110-200;
or
(b) The service provider
receives a report from the facilitator that complies with Oregon Laws 2013,
chapter 304, section 4(4) and the beneficiary has:
(A) Submitted the materials required under
section 3(4) of Oregon Laws 2013, chapter 304, to the service provider;
(B) Appeared in person at, or sent
an agent to, the resolution conference with complete authority to negotiate on
the beneficiary's behalf and commit the beneficiary to a foreclosure avoidance
measure, or if the beneficiary or agent did not have complete authority,
required the participation by remote communication of a person with complete
authority to negotiate on the beneficiary's behalf and commit the beneficiary
to a foreclosure avoidance measure;
(C) Signed a document that sets forth the
terms of any foreclosure avoidance measure to which the beneficiary and the
grantor agreed; and
(D) Complied
with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304.
(2) The certificate of
compliance that has been signed and notarized by the service provider shall be
issued to the beneficiary or the beneficiary's agent no later than five days
following:
(a) Cancellation of the resolution
conference if the certificate is issued pursuant to section (1)(a) of this
rule.
(b) Receipt of the
facilitator's report under Oregon Laws 2013, chapter 304, section 4(4) if the
certificate is issued pursuant to section (1)(b) of this rule.
(3) The certificate of compliance
shall include:
(a) The name of the grantor;
(b) The name of the beneficiary;
(c) The address of the property at
issue;
(d) Reference to the
recording information of the trust deed at issue;
(e) A certification that either:
(A) The beneficiary or its agent appeared at
the resolution conference and complied with sections 2, 3, and 4 of Oregon Laws
2013, chapter 304; or
(B) The
grantor failed to timely pay the fee required by Oregon Laws 2013, chapter 304,
section 3(2)(a), and OAR 137-110-0200.
(4) The certificate of compliance described
in this rule shall substantially comply with the model form provided in
Appendix C to these division 110 rules and available as "Form 670" at
http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml [File Link Not
Available].
(5) Unless otherwise
requested, the service provider shall mail the original certificate of
compliance to the beneficiary(ies) or, if a beneficiary is represented by an
attorney, the beneficiary's attorney. The service provider shall mail a copy of
the certificate to the grantor(s).
Appendices referenced are not included in rule text.
Click here for PDF
copy of appendicies.
Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) &
6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 5, 6(1)(f) &
6(1)(g)
