Right to a foreclosure resolution conference
Or. Rev. Stat. § 86.726(1)(a)
In plain words
Before a lender files a notice of default or a foreclosure suit on a residential trust deed, it must first request a resolution conference (mediation) with you. You meet a housing counselor first; a small fee applies, with waivers available.
Who is protected
Grantors of residential trust deeds in Oregon (lenders with 30 or fewer foreclosures a year may be exempt).
When it applies
- Only in Oregon.
- Only while you are behind but have no foreclosure notice yet or after a notice of default.
- Only if the home is your primary residence.
What you can do
Accept the conference and see a counselor
Follow the instructions in the notice; bring income and expense papers.
Deadline: By the deadline in the resolution-conference notice
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Honest limits
- Small-volume lenders can be exempt; the conference does not guarantee a modification.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawResolution conference
Or. Rev. Stat. § 86.726(1)(a)
Exact part: (1)(a)
What it says: A beneficiary must request a resolution conference before filing a notice of default or suit.
Read the official texthttps://www.oregonlegislature.gov/bills_laws/ors/ors086.html
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicLage v. Ocwen Loan Servicing LLC
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)
a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time
- Homeowner lostSame topicGresham v. Wells Fargo Bank, N.A.
Gresham v. Wells Fargo Bank, N.A., 642 F. App'x 355 (5th Cir. 2016) (per curiam) (unpublished)
the federal dual-tracking bar applies only when the servicer receives a complete loss-mitigation application more than 37 days before the foreclosure sale
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
Related rights
Right to cure until five days before the sale
Or. Rev. Stat. § 86.778(1)
In an Oregon trustee foreclosure, you can cure the default any time up to five days before the last sale date set. For missed payments, you pay what would be due if there had been no default, plus allowed costs and fees, and the foreclosure is dismissed.
Read this rightRight to 120 days’ notice of a trustee sale
Or. Rev. Stat. § 86.764(1)
After the notice of default is recorded, the notice of sale must be served or mailed to you at least 120 days before the trustee sale. Occupants also get a notice, and the sale is published in a newspaper.
Read this rightFHA loans: a meeting before foreclosure
24 C.F.R. § 203.604(a)(1)
If you have an FHA-insured mortgage, your lender must meet with you — or make a reasonable effort to arrange a meeting — before three full monthly payments are unpaid and at least 30 days before starting foreclosure. A reasonable effort means at least two verifiable attempts to contact you. HUD now decides how the meeting may be held.
Read this rightFHA loans: the lender must look at ways to avoid foreclosure
24 C.F.R. § 203.605(a)
If you have an FHA-insured mortgage, your lender must review loss-mitigation options every month before four full payments are unpaid, and take the appropriate action. FHA options can include special forbearance, loan modification, a partial claim (an interest-free second loan from HUD to cover arrears), a pre-foreclosure sale, or a deed in lieu.
Read this rightNo foreclosure filing until you are more than 120 days behind
12 C.F.R. § 1024.41(f)(1)
Your servicer cannot make the first notice or filing to start a foreclosure until your loan is more than 120 days delinquent. This gives you time to apply for help. There are narrow exceptions, such as a due-on-sale violation.
Read this rightNo foreclosure while your complete application is being reviewed ("dual tracking")
12 C.F.R. § 1024.41(f)(2)
If you send a complete application for help before the foreclosure is started, the servicer cannot start the foreclosure until it has decided and any appeal is over. If you send it after the foreclosure started but more than 37 days before the sale, the servicer cannot ask for a foreclosure judgment or order of sale, or hold the sale, until it has finished the review — unless you are denied and the appeal is over, you reject the offers, or you do not follow an agreement.
Read this right