TRUST DEED FORECLOSURE

ADVERTISEMENT AND SALE CHECKLIST Step 1: Client Interview and Intake A. B. Run a conflicts check: Mediation Compliance:

Practitioners: See SB 558 signed into law June 4, 2013 and effective upon passage http://www.leg.state.or.us/13reg/measpdf/sb0500. dir/sb0558.en.pdf

1. A beneficiary foreclosing a residential trust deed must determine whether beneficiary is exempt from mediation requirement. 2012 Or Laws ch. 112 [SB 1552], 2-(2)(d). 2. If exempt: a. confirm that beneficiary has filed a sworn affidavit with the Oregon Attorney General (DOJ), for 2012 by August 12, 2012, and thereafter by January 31 for each year. If beneficiary has not filed the affidavit, a sworn affidavit must be filed with the DOJ at the time the Notice of Default (NOD) is recorded. (To be exempt from $100 per foreclosure fee for the Foreclosure Avoidance Mediation Fund, the beneficiary must file sworn affidavit with county recorder by August 12, 2012 for 2012, and thereafter by January 31 for year, or with county recorder at time the NOD is recorded). If not exempt: b. Confirm that beneficiary has complied with Foreclosure Mediation Requirements. 2012 Or Laws ch. 112 [SB1552], 2-7. Also see www.doj.state.or.us/consumer/foreclosure-mediation.shtml. Requirements include beneficiary mailing or serving pursuant to ORS 86.740 (1)(a) a notice of mediation to the grantor, successor in interest to the grantor, subsequent lien holder, any person requesting a copy, and the mediation service provider (MSP) after a Notice of Default is recorded and at least 60 days before a Notice of Sale is served or mailed. Beneficiary must obtain Certificate of Compliance from MSP. C. Request from client in writing: 1. Notice of any state agency lien against property or other lien not of record. 2. Note, trust deed, any amendments, and all assignments of either one. 3. Loan payment record and amount of default to date including any prepayment penalty triggered by acceleration. Check client's calculations for errors. 4. Copy of title insurance policy and legal description. 5. Investigate non-monetary defaults and cross-defaults to other loans with client. 6. Request copies of any lease, subordination, and attornment agreements. 7. Investigate other debts owed by grantor to beneficiary. 8. Review and discuss defenses to loan. 9. Obtain original Certificate of Compliance issued by MSP for non-exempt beneficiaries, or copy of exemption affidavit filed with DOJ and county recorder. Open file: 1. Open file with sample checklists. [SET 10 DAY TICKLE] 2. Letter to client acknowledging receipt of file ( sample 1). 3. Confirm with client in writing amount to be covered by foreclosure guarantee. 4. Order Trustee's Sale Guarantee from title company by telephone or letter ( sample 2). [SET 10 DAY TICKLE]

D.

Step 2: Review Deed of Trust Notice; Record Certificate of Compliance A. Required Notices: Review Trust Deed and Promissory Note for notice requirements. Confirm that the amount of required notice is not affected by the manner of giving notice. If trust deed requires beneficiary's notice prior to acceleration or default, confirm that notice has been sent in
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accordance with delivery requirements of loan documents. If notice not sent, send notice letter (sample 3). If beneficiary sent letter, review letter for defects in substance, form of delivery, and timing. [SET TICKLE] Residence: If trust deed involves residential property, include Fair Debt Collection Practices Act disclosure language in 30-day demand letter. Certificate of Compliance. If beneficiary is not exempt from mediation requirement, certificate must be recorded before the trustees sale is held. The Notice of Sale cannot be mailed or served until 60 days after mediation notice has been mailed or served. Record Certificate of Compliance. SB1552, 6 [SET 60 DAY TICKLE]

Step 3: Appointment of Successor Trustee (ORS 86.790) A. Prepare Appointment of Successor Trustee if attorney not trustee of record. 1 1. Prepare Stevens Ness Form 883 (SN 883) and send to client. (with cover letter to client requesting signature and notarization) [SET 5 DAY TICKLE].

Step 4: Trustee's Sale Guarantee and Notice of Default A. Review Trustee's Sale Guarantee: 1. Check whether names, dates, addresses, and legal descriptions on Guarantee match the trust deed, and whether the amount of coverage is accurate. Compare with the beneficiary's title policy and original vesting deed to grantor. 2. If the title search discloses a pending bankruptcy of the grantor or the grantor's successor prior to the commencement of foreclosure by the trustee, permission of the bankruptcy court must be obtained in order for the trustee to foreclose. [ SET 45 DAY TICKLE] 3. Check for tax liens or other unusual entries on Guarantee, e.g., ingress/egress issues. 4. Run a conflicts check on parties who hold an interest in the property to be foreclosed. 2 5. Fix date, time, and place of sale (at least 120 + 14 days for service) [BE SURE THIS DATE IS ON THE CALENDAR AND COMPLIES WITH ORS 86.745(7)]: a. DATE: b. TIME: c. PLACE: 6. Determine last day to cure. [SET TICKLE 5 DAYS BEFORE SALE] 7. Letter to client re: actual notice of liens not of record. 8. If beneficiary is not exempt from mediation requirement, confirm mediation notice mailed or served on grantor, successor in interest to grantor, subsequent lien holder, any person requesting copy of notice, and MSP after the Notice of Default is recorded and at least 60 days before Notice of Sale is served or mailed. SB1552, 7.If beneficiary is exempt from mediation requirement, confirm beneficiary has filed the sworn affidavit with the DOJ, and if not, the affidavit must be filed at the time the Notice of Default is recorded. Prepare Trustee's Notice of Default and Election to Sell (SN 884) ORS 86.735(3) (Do not date, keep notice in file.) (sample 4) 1. Insert party listed from Schedule "B". 2. Insert the payment and describe other defaults if any: a. If trust deed required notice, call client for new printout, then use stated amounts; or b. If no notice was required, use stated amount from original printout. Request First Supplemental Guarantee and Record Documents. Send letter to title company for recording of the following documents and request first supplemental guarantee through date of Notice of Default (sample 5). [SET 5 DAY TICKLE]: Record in the following order: 1. Appointment of successor trustee.

B.

C.

Throughout this outline SN will be used to refer to Stevens Ness. Stevens Ness forms are a good place to start, http://www.stevensness.com/formsdept_main.htm.
2

Consider setting sale on Monday, Tuesday or Wednesday to take advantage of one-time postponement for no more than two (2) calendar days provided by ORS 86.755(b). SB1552, 9.
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 2.

D.

Exemption Affidavit (if exempt from mediation requirement), and no affidavit previously recorded with county). 3. Notice of default and election to sell (specify the amount of the late charge, amount of any payment advanced, and the total amount due). Send copies to client.

Step 5: Trustee's Notice of Sale (Note: The Notice of Sale must be served on all parties no less than 120 days prior to the date of sale. Service is made personally on all occupants of the property in accordance with ORCP 7(D)(2) and 7(D)(3) and by mail to all other interested parties. ORS 86.750 could be read to require service only on one occupant. The safer practice is to serve one occupant and follow up with substituted service on all the other occupants.) A. Prepare Trustee's Notice of Sale (SN 885) based on information in notice of default and election to sell. Prepare the Notice to Grantor required by ORS 86.737 if the trust deed is a residential trust deed (see form attached as Sample 24) (the "2008 Notice"). (The Loan Modification Request Form, formerly Sample 25 in this packet, is no longer required.) Special Note: The statute requires that except in limited circumstances the Trustee must maintain a toll-free telephone number that will allow the grantor access during regular business hours to details regarding the loan delinquency and repayment information or person-to-person consultation. ORS 86.737(3)(b). Compare parties named in Schedule "B" against parties named on First Supplemental Trustee's Sale Guarantee. If additional parties are named in the supplemental, check conflicts, add parties to Notice of Sale and serve or mail copies of Notice of Sale to parties. Serve Trustee's Notice of Sale and Notice of Default and, if a residential trust deed, the "2008 Notice" per ORS 86.737 130 DAYS BEFORE SALE 1. Prepare a file sheet (see checklist) listing the persons and agencies to be served: a. Grantor; b. All grantor's successors in interest, if any (Note: This includes successor of record or whose interest trustee or beneficiary has actual notice of); c. Parties listed as junior lien holders; d. Person(s) requesting notice in writing; e. Department of Revenue, if lien holder of record; f. State agency holding lien of record, if any; g. State agency or other person holding lien of which beneficiary has actual notice; h. Any lessees. 2. Confirm addresses (and spellings of street names and individuals) by contacting the following: a. Individual: Division of Motor Vehicles (note charge). b. Corporation: Corporation Division for registered agent and date of incorporation (check if corporation dissolved and if dissolution was voluntary). Online at www.sos.state.or.us/corporation/bizreg/index.html. c. Partnership or Other Business: Corporation Division (check assumed names). d. Bank: Oregon Division of Finance & Corporate Securities, 1-866-814-9710 or www.cbs.state.or.us/external/dfcs/banking/regagent.htm; National Comptroller of the Currency 1-800-613-6743 or www.occ.treas.gov. e. Government Agency: Contact agency for person to serve. Review statute to confirm correct person to serve. See OSB CLE Foreclosing Security Interests, Chapter 6, 6.32 which discusses statutes relating to service on government entities. If the title report discloses an IRS lien, check the current procedure for notifying the IRS. f. Conservatorship: Call court for name of conservator and status.

B. C.

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D. E.

Serve Trustee's Notice of Sale and Notice to Grantor. a. Mail certified true copies of Trustee's Notice of Sale and Notice to Grantor by certified mail, return receipt requested, and regular mail to all parties listed (staple receipts to list in file). The notice served by mail is effective when mailed. ORS 86.740(2) (2011 ed.) [SET 21 DAY TICKLE] 1) Prepare and execute Affidavit of Mailing showing service on grantor, successor, junior lienholders, and persons requesting notice, including Department of Revenue or other state agency, (SN 1169). If Federal tax liens, use SN 932. See ORS 86.740(1). An Affidavit showing compliance with the provisions of ORS 86.737 regarding notice to the Grantor and compliance with the requirements of ORS 86.750 (3) and (4) This Affidavit should be signed by the beneficiary or the beneficiary's agent. b. Attach Fair Debt Collection Practices Act Notice if the demand letter was not sent by the attorney (e.g., the client sent it). In consumer cases, an FDCPA notice should be attached to the Notice of Sale that is mailed and served. ( sample 6). c. Personal service of Trustee's Notice of Sale on Occupant. ORS 86.750(1) Special Note: If the Trustee has actual knowledge that the grantor is not the occupant of the residential real property, the Trustee shall also give the 2008 Notice to the occupant of the property by both first class and certified mail with return receipt requested. 1) If property is not occupied, prepare Trustee's Affidavit of Non-Occupancy as of date of recording Notice of Default. 2) If property is occupied: a) Prepare Proof of Service of Trustee's Notice of Sale Upon Occupant. b) Send letter to sheriff or letter to process server with Proof of Service of Trustees Notice of Sale Upon Occupant (sample 7) (enclose original Notice, 4 certified copies and highlight last date of service on the instructions). [SET TICKLER 3 DAYS] 3) Note date of service 4) If service is by substituted service: a) Prepare Notice of Substituted Service (SN 1149) and send with true copy of Notice of Sale by certified and regular mail. 5) If property is vacant, have server prepare affidavit of non-occupancy. [SET TICKLER 10 DAYS] 6) Be sure substituted service to occupant is mailed at least 120 days before sale date. Send status report to client and mail Trustee's Notice of Sale to client. 120 DAYS PRIOR TO SALE, check to be sure all parties are served and that file contains Affidavits of Service and substituted service.

Step 6: Publication of Trustee's Notice of Sale ORS 86.750(2) A. 80 DAYS BEFORE SALE, send letter to newspaper for publication of Trustee's Notice of Sale once each week for four consecutive weeks (sample 8). Notice of Default and Election to Sell and Appointment of Successor Trustee must have been recorded. Request tear sheets. 1. Enclose true copy of Notice of Sale (SN 885). 2. Note: Publication must be in newspapers of general circulation in county in which land is situated. Check for newspaper of general circulation in county where land is situated. www.orenews.com/web/members. 3. Note: The last publication must be completed at least 20 days prior to sale. [SET 20 DAY TICKLE for receipt of Affidavit of Publication] 4. Note date Affidavit of Publication is received. Proofread the first published Notice of Sale against the notice sent to the newspaper.

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Report to the client that mail and personal service are complete and that publication has commenced (enclose copy of letter to newspaper). Forward billing for publication to client or cost advance. If sale is to be held outside of the local area, arrange for attorney to conduct sale (sample 9).

Step 7: Second Supplemental Guarantee and Federal Tax Lien Notice; Notice of Determination A. B. 40 DAYS BEFORE SALE, send letter to title company requesting Second Supplemental Trustee's Sale Guarantee (sample 10). [SET TICKLE 20 DAYS] 30 DAYS BEFORE SALE, check Second Supplemental and call title company for federal tax lien filings between date of First Supplemental Guarantee and 30 days before sale. 1. If federal tax lien has been filed, advise client and send Notice of Nonjudicial Sale (SN 932) and letter to IRS (direct to IRS Special Procedures Section). 2. Notice of Nonjudicial Sale must be mailed to IRS AT LEAST 25 DAYS BEFORE DATE OF SALE by certified mail, return receipt requested. Execute affidavit of mailing and record. 3. Whether or not the foreclosure involves a residential trust deed, if beneficiary has determined that grantor is not eligible for a foreclosure avoidance agreement or has not complied with a mediated agreement, then beneficiary or its agent must (i) mail a notice of that determination to the grantor, and (ii) serve the notice of determination on the grantor in the same manner as a Notice of Sale under ORS 86.740(1) at least 30 days before the sale date. The beneficiary must mail a copy of the notice to the Department of Justice on the same day it is served on the grantor. SB1552, 4a. Prepare Foreclosure Avoidance Measure Notice (Form 20) and the Affidavit of Compliance (Form 4a) Forms found at http://www.doj.state.or.us/consumer/pages/foreclosure_mediation_forms.aspx

Step 8: Notify Tenants to Vacate 30 DAYS BEFORE SALE ORS 86.755(5) (Note: Check with beneficiary re eviction of tenants before proceeding with this step; confirm instructions in writing) Prepare 30-day Notice to Vacate notifying tenants to vacate the property 10 days after the date of the sale. (sample 11). Note: If the property purchased at the trustee's sale is (i) a dwelling unit, under some circumstances the tenant's interest may not be terminated for 90 days under state law (ORS 86.755(5)(c)); (ii) residential real property or a federally-related mortgage loan, the tenant's interest may not be terminated for 90 days under the "Protecting Tenants at Foreclosure Act of 2009", P.L. 111-22, Article VII, Section 702. ORS 86.755 (5)(d); or (iii) not a dwelling unit, then the notice to vacate must be personally delivered to the tenant (ORS 86.755(7)(a)). Mail Notice by first class mail no earlier than 30 days before the date first set for the sale, or if the property is not a dwelling unit, have the notice to vacate personally delivered to the tenant. [SET TICKLER FOR 14 DAYS] Prepare and execute affidavit of mailing (sample 12), or affidavit of personal service, as the case may be. Send letter notifying client Notice to Vacate has been served and requesting client to inspect premises 10 days after the date of sale.

A.

B. C. D.

Step 9: Record All Documents Prior to Sale ORS 86.750(3) A. At least 30 DAYS PRIOR TO SALE, send letter to title company (sample 13) enclosing the following documents, as applicable, for recording directing title company to record the documents immediately: 1. Original Trustee's Notice of Sale. 2. Affidavit of Mailing (120 day notice) (SN 1169). 3. Proof of Service of Notice of Sale on Occupant (may include Notice of Substituted Service and Proof of Mailing) or Affidavit of Service Attempts and Posting. 4. Affidavit of Non-Occupancy, if unoccupied.
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B. C.

Proof of Service of Notice of Sale on parties other than occupants, and Notice of Substituted Service and Proof of Mailing (SN 1149). 6. Affidavit of Publication. 7. Notice to government of nonjudicial sale (tax lien) and proof of mailing. 8. Affidavit of compliance with SB 628, Section 3. 9. Foreclosure Avoidance Measure Notice (Form 20) and Affidavit of Compliance (Form 4a) stating beneficiary has complied with requirements for beneficiarys notice of determination. A copy of this Affidavit must be mailed to the Oregon Dept. of Justice at 3 least 20 days before sale. SB1552, 4a. [SET 10 DAY TICKLE to make sure title company acknowledges recording.] Check to make sure sale date is calendared. Conform file copy with date documents are recorded. [SET 5 DAY TICKLE for receipt of recorded documents.]

Step 10: Prepare for Sale A. 20 DAYS PRIOR TO SALE, make all preparations for sale. 1. Prepare script, leaving amount blank (sample 14). Include both street address and legal description of property. 2. Prepare Trustee's Deed (SN 1175) leaving grantee and amount blank (check each item, especially grantor and legal description). 3. Copy and assemble original recorded documents (recording dates must show on copies) and place originals in folder to be forwarded to beneficiary. 4. Check recording dates: a. Notice of Default recorded 120 days before date of sale? b. Was service completed 120 days before sale? c. Is recording complete? d. Federal tax lien check complete? e. Sale date on attorney calendar? 5. Compute fees and expenses and prepare Bid Statement (samples 15, 16). Get current costs from bookkeeper and pre-bills. Show beneficiary and attorney expenses separately. Include copying telephone and postage costs (do not overlook costs incurred after sale). Include recording costs for Trustee's Deed if paid by attorney. 6. Confirm copy of Affidavit of Compliance mailed to DOJ. At least 14 days prior to sale, confirm that written statements of information under ORS 86.757(i) have been provided not later than 15 days before the date of sale to any of the following parties entitled to request such a statement: the grantor, an occupant, a holder of a junior lien or any person interested in bidding at the sale. The information should be provided by a method calculated to establish proof of delivery at least 7 days before the date of sale, e.g. certified mail, return receipt requested. Contact client regarding sale. 1. Confirm that default has not been cured. 2. Conduct DMDC Military Verification Website (www.dmdc.osd.mil/appj/scra/scraHome.do) search to determine if grantor(s) are on active military duty. Prepare Certificate of NonMilitary Service (sample 16a) and forward to client with instructions to sign after trustee's sale has been completed. Include screenshot of the status report for the name submitted. [Servicemembers Civil relief Act; 50 USC App 501-596] 3. Request bid instructions in writing (if not already received). Must be received prior to sale. (Call 10 days before sale to confirm bid instructions. Make certain that costs of Sale Guarantee and publication have been included and note date and person you spoke with on computation sheet.) 4. Enclose amount due on sale. 5. Enclose copy of script for beneficiaries' bid. If Sale is out of the local area, send script, bid statement and Trustee's Notice of Sale to attorney who will conduct sale (sample 17). If bid instruction incomplete, send documents with blanks and inform the attorney by telephone when instructions are received. [TICKLE 10 DAYS]

B.

C.

D.

The beneficiary must record the Affidavit of Compliance at least 20 days before sale, and, if the foreclosure involves a residential trust deed, also must have recorded the Certificate of Compliance before beginning foreclosure.
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 E. F.

Call Bankruptcy Court to see if bankruptcy of grantor has been filed during pendency of foreclosure. If so, advise client and determine how to proceed in bankruptcy action. Last day to cure is 5 days before sale. [SET TICKLE]

[SET TICKLE FOR TWO DAYS. Call client TWO DAYS BEFORE SALE to confirm bid amount and that someone will be in attendance at sale.]

Step 11: Conduct or Postpone Sale A. Conduct sale. 4 1. Read script and accept highest bid for cash. ORS 86.755(1) 2. Notify client by telephone that sale was conducted and outcome of sale. B. Postpone sale. 1. Beginning July 11, 2012, a postponement must be announced at the time, date and place of the sale and in most cases it must also be noticed by personal service on all parties who were given notice of the sale. Service must occur at least 15 days before the new sale date. No service is required for a single postponement for not more than two calendar days made by announcement. SB1552 9, 10. In the event of a bankruptcy filing, the sale must be postponed or rescinded, again by personal appearance at the time and place set for sale. Unless the beneficiary has participated in obtaining a stay, after release from stay the foreclosure proceedings shall continue as if uninterrupted if within 30 days after release the trustee sends amended notice of sale by registered or certified mail to the last known address of persons listed in ORS 86.740 and 86.750 (1), and to the address provided by each person who was present at the time and place set for the sale that was stayed, and to the address provided by each member of the Bar who requests it and meets the requirements of 2009 HB 3004(5)(b) or by posting a true copy or a link to a true copy of the amended notice of sale on the trustee's internet website. A new 20 day notice will have to be mailed before the sale is actually conducted. Mail 20 day notice within 30 days of relief by certified and regular mail. ( samples 18, 19, and 20) 2. Calendar new sale date: 3. SET TICKLE FOR 30, 10, AND 2 DAYS BEFORE NEW SALE DATE. 4. SET TICKLE FOR 150 DAYS AFTER POSTPONED SALE DATE to be sure sale is conducted within 180 day period. C. Request Third Supplemental Trustee's Sale Guarantee if sale is postponed to determine whether new federal tax liens have been filed between old and new sale date. (Follow Step 7) D. Reinstatement. If loan is to be reinstated send Reinstatement and Payoff letters ( samples 21, 22). If sale did not take place because the loan was reinstated, prepare and record a rescission of notice of default. SN 886. [SET 10 DAY TICKLE FROM SALE DATE].

Step 12: Post-Sale A. B. 10 DAYS POST-SALE, Trustee must execute and deliver Trustee's Deed to purchaser within 10 days following sale. ORS 86.755(3). Prepare Trustee's Deed (SN 1175). Record the Trustee's Deed as soon as possible to prevent any argument about the intervention of a bankruptcy stay. Determine whether title company will require certificate of nonmilitary service as condition of issuing policy. If so, deliver original to title company for recording. [SET 10 DAY TICKLE] Send letter to title company requesting an owner's policy of title insurance if desired by beneficiary, recordation of Trustee's Deed, and affidavit of nonmilitary service. [SET 7 DAY TICKLE] If another bid exceeded client's bid: 1. See ORS 86.765. Disposition of proceeds. 2. Pay amount due to beneficiary, if required;

C. D.

Note: You may only postpone sale one time for no more than 2 days. If sale has not been postponed previously, consider postponement to verify funds.
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Pay subordinate lien holders by priority if all are in agreement. Otherwise, file interpleader and let the court decide. 4. Pay surplus, if any, to grantor. 11 DAYS POST-SALE, eviction of tenants. Call client to determine if tenant has moved. If tenant moved, note in file. If tenant has not moved as of sale date and the client wants the tenant out, proceed with eviction proceedings. ORS 86.755(5) and ORS Chapter 90.

Step 13: Closing File A. B. C. Letter to client (sample 23) 1. Enclose all original recorded documents. 2. Enclose statement for services and costs. Cancel Note and Trust Deed Cancel original trust deed and note or complete affidavit and indemnification if beneficiary has not submitted the original trust deed and note (prevent resale of documents) Close file.

If you have any suggestions for improving this outline, please contact the Director of Personal and Practice Management Assistance at the Professional Liability Fund, (503) 639-6911 or (800) 452-1639.

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SAMPLE 1 - LETTER TO CLIENT (step 1)

[Date]

[Client]

Re:

[Matter]

[Client Name] This will acknowledge that we have received from you your file in the above-captioned matter for non-judicial foreclosure. I have ordered the appropriate foreclosure report from the title company and will proceed as soon as we review that report. I understand that you wish the policy limits to be in the amount of the outstanding principal since you will order an owner's policy, if necessary, after sale in the amount of the property's fair market value. Please advise if my understanding is incorrect. Very truly yours,

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SAMPLE 2 - LETTER TO TITLE COMPANY (step 1)

[Date]

[Title Company]

Re:

[Matter]

Enclosed is a copy of an original trust deed [a copy of Schedule "A" of Policy No. .] I have been retained to complete a non-judicial foreclosure of this trust deed. The unpaid principal balance is $[amount]. Please forward me your Trustee's Sale Guarantee indicating [beneficiary] as insured party. Please search for all liens (including city liens, if appropriate) and provide me with copies of all encumbrances. Very truly yours,

Enclosure

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SAMPLE 3 - 30-DAY DEMAND LETTER (step 2)

[Date] CERTIFIED MAIL RETURN RECEIPT REQUESTED [Name and Address] Re: [Insert appropriate information]

Dear [Name]: This firm represents [insert client name(s)] (["creditor"]). The [creditor] has requested this firm's assistance in enforcing the terms of your loan agreement. The [creditor's] records indicate that you are in default under the terms of the loan agreement. To bring your loan balance current, you must pay to the [creditor], on or before [date], the sum of $[amount], as itemized below: 1. 2. 3. 4. 5. Payments: Late Charges: Taxes & Insurance: Foreclosure Guarantee: Attorney Fees: Total: $ [amount] $ [amount] $ [amount] $ [amount] $ [amount] $ [amount]

If the default described above is not cured on or before [date], then the [creditor] will accelerate the balance due without further notice to you and may invoke its power of sale. If you fail to cure the current default immediately, on [date], the balance due will be approximately $[amount]. This amount is in addition to the foreclosure guarantee and attorney fees set forth above, as well as interest which continues to accrue in accordance with the loan agreement, and additional attorney fees and costs. [IF LOAN DOCUMENTS REQUIRE IT, INCLUDE THIS PARAGRAPH: As provided by the terms of your loan agreement, you may have the right to reinstate your loan with the [creditor] after acceleration and you have the right to bring a court action to assert the non-existence of a default or any other defense you may have to acceleration and sale.] [FOR CONSUMER CASES ONLY] This communication is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless you notify us within 30 days after receiving this letter that you dispute the validity of the debt, or any portion of it, we will assume the debt is valid. If you notify us, in writing, within 30 days after receipt of this letter that you do dispute the debt or any portion of it, we will provide verification by mailing you a copy of the records. If you so request, in writing, within 30 days after receipt of this notice, we will provide you with the name and address of the original creditor if different from the current creditor. Please give this matter your immediate attention. Very truly yours, [Lawyer's Name] cc: [client name(s)] (Attn: [name]) [First Class Mail]

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SAMPLE 4 DEFAULT LANGUAGE (step 4)

I.

Monthly principal and interest installments of $[amount] each beginning [date], until paid, plus monthly escrow installments of $[amount] each beginning [date], until paid; accrued late charges in the amount of $[accrued late charges] as of [date], plus monthly late charges of $[monthly late charges] each beginning [date], until paid; delinquent property taxes, if any; cost of foreclosure report; attorney's fees; together with any other sums due or that may become due under the Note or by reason of this foreclosure and any further advances made by Beneficiary as allowed by the Note and Deed of Trust. II. The principal sum of $[principal sum] with interest on the principal balance at the rate of [percent] percent per annum, from [date], until paid; accrued late charges in the amount of $[accrued late charges] as of [date], plus monthly late charges of $[monthly late charges] each beginning [date], until paid; escrow advances in the amount of $[escrow advances]; prepayment premium, if applicable; cost of foreclosure report; attorney's fees, trustee's fees, together with any other sums due or that may become due under the Note or by reason of this foreclosure and any further advances made by Beneficiary as allowed by the Note and Deed of Trust.

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SAMPLE 5 - LETTER TO TITLE COMPANY (step 4)

[Date]

[Title Company]

Re:

[Matter]

[Title Company Name]: Enclosed are the following documents: 1. 2. Appointment of Successor Trustee Notice of Default and Election to Sell

Please record these documents as soon as possible in the order listed and forward to me a supplemental foreclosure report which includes the recording of these documents. After recording, please call my office and let us know the date of recording and the recording numbers. Please have the recorder return the recorded documents directly to me. Very truly yours,

Encs. cc: [Client] (include copies)

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SAMPLE 6 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 USC SECTION 1692 (step 5)

1. 2.

The amount of the debt is stated in the Trustee's Notice of Sale attached hereto. The beneficiary named in the attached Trustee's Notice of Sale is the creditor to whom the debt is owed.

3.

The debt described in the Trustee's Notice of Sale attached hereto will be assumed to be valid by the trustee unless the debtor, within thirty (30) days after the receipt of this notice, disputes the validity of the debt or some portion thereof.

4.

If the debtor notifies the trustee in writing within thirty (30) days of receipt of this notice that the debt or any portion thereof is disputed, the trustee will provide verification of the debt, and a copy of the verification will be mailed to the debtor by the trustee.

5.

If the creditor named as beneficiary in the attached Trustee's Notice of Sale is not the original creditor, and if the debtor makes a written request to the trustee within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the trustee.

6.

Written requests or objections should be addressed to: [Name of Attorney] [Address]

7.

This communication is an attempt to collect a debt, and any information obtained will be used for that purpose.

ATTACHMENT: Trustee's Notice of Sale

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SAMPLE 7 - LETTER TO SHERIFF (step 5)

[Date]

[Sheriff or Process Server]

Re:

[Matter] LAST DAY TO EFFECT SERVICE: [Date]

Dear [Name]: Enclosed are one original and four certified true copies of the Trustee's Notice of Sale in the above matter. Please serve the resident(s) of the following address: [Property Address] If you cannot effect personal service on the resident(s) of the property on the first attempt, you should post a copy of the Trustee's Notice of Sale in a conspicuous place on the property on the date of the first attempt. You should make a second attempt to effect service on a day that is at least two days after the first attempt. If personal service cannot be effected on the resident(s) on the second attempt, you should post a copy of the Trustee's Notice of Sale in a conspicuous place on the property on the date of the second attempt. You should make a third attempt to effect service on a day that is at least two days after the second attempt. If personal service cannot be effected on the resident(s) on the third attempt, you should mail a copy of the Trustee's Notice of Sale, bearing the word "occupant" as the addressee, to the property address by first class mail with postage prepaid. Please confirm that the property address is a single address and has no other addresses such as an apartment complex or a multi-tenant shopping center. If the property has multiple addresses, please note all addresses you find. Please make your Return of Service to my office and identify the resident(s) served by name. Indicate any substituted service by calling our office collect and giving us the date and time of service and the person served. Please confirm that the person you serve is a resident of the home and not only at the address temporarily. If you are unable to effect personal service and effected service by posting on the property, please provide us with an Affidavit of Service Attempts and Posting. Please call us if you encounter any difficulties.
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Our check payable to your order in the appropriate amount is enclosed. Thank you. Very truly yours,

Encs.

Note to Attorneys: Although ORS 86.750(1) uses the word "occupant", the statute also refers to ORCP 7 D(2) and ORCP 7 D(3). ORCP 7 D(2)(b) requires service on a person over 14 years of age who resides at the dwelling house. See also Option One Mortgage Corp. v. Wall 159 Or App 354 (1999).

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SAMPLE 8 - LETTER TO NEWSPAPER (step 6)

[Date]

[Newspaper] Re: [Matter]

We enclose a true copy of the Trustee's Notice of Sale in the above matter. Please publish this notice once a week for four consecutive weeks in your newspaper. Please begin publication on or before [insert date] and complete publication before [insert date]. Please send me the tear sheet from the first publication for review. When publication is complete, please forward your bill and affidavit of publication to me. Very truly yours,

Enc.

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SAMPLE 9 - LETTER TO ATTORNEY CONDUCTING SALE (step 6)

[Date]

[Attorney]

Re:

Trust Deed Foreclosure [Beneficiary/Grantor] Date of Sale: Time of Sale: Place of Sale:

Dear [Name]: Thank you for agreeing to conduct the trustee's sale in this foreclosure for me for a fee of $[amount]. This amount includes your fee to conduct the sale, telephone me immediately afterward with the results, and to mail me a confirming letter. Please note the above time, date, and place on your calendar. Shortly before the sale, I will mail a script for you to read in conducting the sale, a bid statement showing how we computed the bid you will enter on behalf of the beneficiary, and a copy of the Trustee's Notice of Sale. If anyone else bids at the sale, it must be for cash or certified funds in an amount greater than our bid statement. You must send me those funds in time for me to send the purchaser my Trustee's Deed within ten (10) days of the sale. This is covered in the material I will send you before the sale. Very truly yours,

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SAMPLE 10 - LETTER TO TITLE COMPANY (step 7)

[Date]

[Title Company]

Re:

[Matter]

[Insert Name]: Please send me a supplemental title report setting forth any change in the status of the title (including any Federal tax liens filed). The report should be as of [30 days before date of sale]. [Insert if applicable] In addition, please name [name] as an additional insured. If there are Federal tax liens filed, please call my office immediately and leave this information. Very truly yours,

cc:

[Beneficiary]

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SAMPLE 11 - LETTER TO NON-GRANTOR OCCUPANT (step 8)

[Date]

FIRST CLASS MAIL ONLY Re: Notice of Intent to Remove Tenants Following Foreclosure Our File No. [File No.]

Dear [Name]: [Name of person initiating foreclosure] has initiated a non-judicial foreclosure of a trust deed against the property in which you now reside. You were served with a copy of the Trustees Notice of Sale on or about [date], or alternatively, or your tenancy in the property was created after [date], the date the Notice of Default and Election to Sell was recorded. This letter is notice to you pursuant to ORS 86.755(5) that the party who purchases the property at the trustees sale, now set to occur on [date], intends to remove you from possession of the property under the procedures set in ORS 105.105 to 105.165. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose. If you have any questions regarding this notice, you should consult with legal counsel. Very truly yours,

cc:

[client]

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SAMPLE 12 - AFFIDAVIT RE MAILING NOTICE OF INTENT TO REMOVE TENANTS (step 8)

AFFIDAVIT OF MAILING NOTICE OF INTENT TO REMOVE TENANTS FOLLOWING FORECLOSURE STATE OF OREGON County of [Name of County] ) ) ss. )

I, [secretarys name], being first duly sworn, depose and say: 1. I am a secretary in the firm of [name of firm] and make this affidavit of my

own personal knowledge. 2. On [date], I prepared and caused to be mailed the attached Notice of

Intent to Remove Tenants from property then being foreclosed pursuant to ORS 86.705 et seq. The Notice was mailed on the date shown thereon by first class mail to the address(es).

SIGNED AND SWORN to before me this [day] day of [month], by [affiants name].

Notary Public for the State of Oregon My Commission Expires:

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SAMPLE 13 - LETTER TO TITLE COMPANY (step 9)

[Date]

[Title Company]

Re:

[Matter]

[Name]: Enclosed are the following documents for recording: Trustees Notice of Sale; Affidavit of Mailing Notice of Sale; Proof of Service [or Affidavit of Service Attempts and Posting]; Affidavit of Publication; Affidavit of Compliance; [list any other documents i.e., Affidavit of Non-Occupancy]. Please record these documents immediately if no change appears in the status of the record as previously disclosed in your foreclosure guarantee. If any change appears of record, do not record, but call me immediately instead. After recording, please have all documents returned to my office with your final billing. Please call my office and let us know the date you record and the costs for recording. Very truly yours,

Encs. cc: [client]

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SAMPLE 14 - BID SCRIPT (step 10)

BENEFICIARY: GRANTOR: TRUST DEED FORECLOSURE SALE This is the time and place set for the Trustees sale in the nonjudicial trust deed foreclosure proceeding in which ____________ is the Beneficiary and _____________ are the Grantors. The real property in question is located at [address] in the County of [county], Oregon, and the complete legal description is set forth in the Notice of Default and Election to Sell, which also describes the subject Deed of Trust and the default thereon giving rise to this foreclosure. Does anyone want me to read the legal description? [Read legal if requested.] The Notice of Default and Election to Sell was recorded in the Official Records of this County on [date] as [recording information]. I am the [attorney or agent for the Successor Trustee or Successor Trustee] of the Trust Deed in question and at this time, pursuant to the previously referred to Notice of Default and Election to Sell, I am offering for sale to the highest bidder for cash the interest in the aforedescribed real property which the grantor or grantors had power to convey at the time of the execution of the subject Trust Deed. Does anyone wish to bid? On behalf of [client], I hereby bid the sum of $[amount]. Does anyone wish to enter a higher bid? There being no other bids, the bid of $[amount] from [client] is declared to be the highest and best bid and is therefore accepted. Date Signature Name DATE: TIME: CITY:

PLEASE NOTE: As [client] has an interest in the Trust Deed as beneficiary, representing unpaid principal, accrued interest, advances, and foreclosure costs and fees, it can enter a bid without having to tender cash. Should anyone else wish to enter a bid, however, it would have to be in excess of the bid of [client] and be accompanied by cash or certified funds in the full amount of that bid, tendered to you at the time and place of sale. Should you have any questions, or run into any problems, you can postpone the sale for [insert period of time up to 180 days - See ORS 86.755(2). Note: Although the statute allows this much time, you may want to limit authority to postpone to a few days]. For example, an hour, or "until next Monday at 1 p.m. at this same place." This can be done by public pronouncement at the time of the sale, and give me a call for further instructions. Attorney Name Address Telephone Number

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SAMPLE 15 - BID COMPUTATION FORM - TRUSTEES SALE (step 10)

PRINCIPAL INTEREST ON OBLIGATION

LATE CHARGES

TAXES ADVANCED

RESERVE BALANCE

TITLE EXPENSE

RECORDING FEES

SERVICE FEES

PUBLICATION EXPENSE

POSTAGE

PHOTOCOPY EXPENSE

LONG DISTANCE TELEPHONE CALLS

MILEAGE EXPENSE

DMV INQUIRIES

TRUSTEE SALE GUARANTEE TRUSTEES FEE

ATTORNEY FEES

OTHER (Specify)

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SAMPLE 16 - BID STATEMENT (step 10)

TRUSTEES SALE Trustees sale held [date] at [time] on the front steps of the [county] County Courthouse, [city], Oregon.

PRINCIPAL BALANCE INTEREST RESERVE BALANCE ADVANCED COSTS

TOTAL

COSTS ADVANCED: Attorney Fees Trustee Fees Trustee Sale Guarantee Owners Title Policy County Recorder Process Server Publication Expense Postage Long Distance Telephone Mileage Photocopies Motor Vehicles Division TOTAL $

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SAMPLE 16a CERTIFICATE OF NON-MILITARY SERVICE (step 10)

CERTIFICATE OF NON-MILITARY SERVICE

STATE OF OREGON

) ) ss County of _____________ ) THIS IS TO CERTIFY that: 1. On the ___ day of ____, ____, a foreclosure sale occurred pursuant to a trust deed in which ________________, as grantor, conveyed to __________________________, as trustee, certain real property in _________________ County, Oregon, which trust deed was dated ______________, and recorded on __________________, in the mortgage records of said county, as Instrument No. ______________. ____________________ is the beneficiary under the trust deed. The property was duly foreclosed by advertisement and sale and the real property covered by said trust deed was sold at the trustee's sale. 2. A Notice of Default and Election to Sell and Trustees Notice of Sale was recorded on _____________ as Document No. _________________ in the real property records of ______________ County, Oregon. 3. On ___________, I performed a search of the Defense Manpower Data Center (DMDC) website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual: [Name of Grantors]. The following information was used to search the DMDC (check all that apply): ____Last Name ____First Name ____Social Security Number ____Date of Birth 4. The search results state that the individual was not on active duty based on the Active Duty Status Date of ________________. The search results state that the individual did not leave active duty status within 367 days preceding the Active Duty Status Date of ______________. The search results state that neither the individual nor their unit has received early notification to report to active duty as of the Active Duty Status Date of __________________. A copy of the results of the DMDC search is attached hereto as Exhibit 1.

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5. In construing this certificate the singular includes the plural, the word "grantor" includes any successor in interest to the grantor and the word "trustee" includes any successor trustee. _____________________________________ STATE OF OREGON ) ) ss County of ____________ ) This instrument was acknowledged before me on the _______ day of ______________, 20_____, by _______________ as Successor Trustee. _____________________________________ Notary Public for Oregon My commission expires:__________________

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SAMPLE 17 - LETTER TO ATTORNEY CONDUCTING SALE (step 10)

[Date]

[Attorney]

Re:

Trust Deed Foreclosure [Beneficiary/Grantor] Date of Sale: Time of Sale: Place of Sale:

Dear [Name]: Here are the following documents for your use in conducting the above-referenced trustees sale: 1. 2. 3. A script for you to read. A copy of the bid statement & bid computation form showing how the beneficiarys bid was computed. A copy of the Trustees Notice of Sale.

Immediately following the sale, please inform me by telephone of the result. Then follow up with a brief confirming letter to me. Please enclose the signed and dated Bid Script. Thank you. Very truly yours,

Encs.

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SAMPLE 18 - SETOVER LETTER (step 11)

[Date]

Re:

[Beneficiary Name] / [Grantor Name] Trust Deed Foreclosure Sale Date: [Date], [Time] Place: [Address], the [Name of County] County Courthouse

Dear [Name]: Thank you for agreeing to set over the above-referenced foreclosure sale for me for $[Amount]. Please postpone the sale to [date], [time], which is not more than two (2) calendar days after the sale date. Enclosed is a copy of the Trustees Notice of Sale and the set over document. Please provide us with the name and address of any party who appeared and witnessed the announcement of the setover. After the sale has been postponed, please return the set over document and your billing statement to my attention. If you have any questions, please do not hesitate to contact me. Very truly yours,

Encs. cc: [Client]

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SAMPLE 19 SCRIPT FOR NOTICE OF BANKRUPTCY FILING (step 11)

Grantor [Grantors Name] declared bankruptcy on [date]. Accordingly, this foreclosure is

stayed. Pursuant to ORS 86.755(6), the trustee declares the bankruptcy stay operates to suspend this sale, and that no further setovers will take place. In the event that this property is released from the bankruptcy, the trustee will, within thirty days after that release, give amended notice of sale by certified and first class mail to the last known addresses of those persons listed in ORS 86.740 and 86.750(1), and to any address provided by any person present here and now, unless a true copy of the amended notice of sale is posted on the trustee's internet website. The amended notice of sale will be given at least 20 days prior to the amended date of this sale. It will set a new date of the sale and specify the time and place for the sale and otherwise conform to the requirements of ORS 86.745.

YOU SHOULD OBTAIN THE NAME AND ADDRESS OF EACH PERSON WHO APPEARED AND WITNESSED THE ANNOUNCEMENT OF THE SETOVER

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SAMPLE 20 TRUSTEES SETOVER (step 11)

Re:

[Beneficiary Name] / [Grantor Name]

The Trustees sale is now set for [time] on [date], at the [Name of County] County Courthouse. Please appear at this time and place and postpone the Trustees sale to indefinitely, as the Grantor filed a Chapter __ bankruptcy petition on [date].

[Name of Attorney] I appeared at the above time and place and set over the Trustee's sale as directed above. Names and addresses of parties who appeared and witnessed the announcement of the set over: [Name] [Name] [Name] [Name] [Address] [Address] [Address] [Address] *OR* No one appeared to witness the announcement of the set over.

[Name of Attorney]

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SAMPLE 21 - REINSTATEMENT LETTER (step 11)

[Date] [Grantor] Re: [Matter] [Loan No.]

Dear [Name]: Our client, [name], is willing to allow reinstatement of the above loan if the following conditions are met: 1. You must pay the entire delinquency plus foreclosure costs in full at the time of reinstatement; and You must pay all future payments under the above loan to [client] on or before the date due.

2.

The amount necessary to reinstate the loan as of the date of this letter is $[amount] and is computed as follows: [number] monthly installments of $[amount] each (includes payments due through [date]) [number] late charges of $[amount] each (includes late charge due for [date] payment) Service fee Publication fee Premium for foreclosure title report Photocopy expense Long distance telephone expense Anticipated cost to record Notice of Rescission Attorney fees TOTAL $ $

The above amount must be paid to the beneficiary in cash, or by money order, cashier check, certified check, or other form of certified funds. The amount set out above is good through and including [ date]. [Client] has instructed us to continue with the foreclosure proceedings until you have paid the amount necessary to reinstate the loan. [Client] will be incurring additional costs in connection with continuing the foreclosure proceedings and those additional amounts must also be paid on reinstatement. Finally, an additional monthly installment of $[amount] must be paid if reinstatement is made after [date] and an additional late charge of $[amount] must be paid if reinstatement is made after [date]. Therefore, when you have the approximate amount available to reinstate the loan, please call or write us, and we will give you the exact amount necessary to reinstate the loan as of that date. If reinstatement is not made within 20 days of the date of this letter, [client]'s consent to reinstatement will be withdrawn. If you have any questions, please call or write us. Very truly yours, cc: [Client]

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SAMPLE 22 - PAY OFF LETTER (step 11)

[Date] [Name/Address] Re: [Matter]

Dear [Name]: We represent [client]. We are writing this letter to you in accordance with the request of [ name]. The amount necessary to pay off the loan as of the date of this letter is $[amount], which is computed as follows: Unpaid principal balance Interest at [percent]% from [date] to [date] Late charges Reserve balance Service fee Publication fee Premium for foreclosure title report Photocopy expense Postage Fee for recording Reconveyance Attorney fees TOTAL $

In addition to the above, interest accrues at the rate of $[amount] per day for each day after [date]. The above amount must be paid in cash, or by money order, cashier check, certified check, or other form of certified funds. Please make your check payable to [ name of law firm] and send it to us at the above address. [Client] has instructed us to continue with the foreclosure proceedings until you have paid the amount necessary to pay the loan in full. [Client] will be incurring additional costs and attorney fees in connection with continuing the foreclosure proceedings and those additional amounts will be added to the amount necessary to pay off the loan. When you have the approximate amount available to pay off the loan, please call or write us, and we will give you the exact amount necessary to pay off the loan as of that date. When we receive the above amount, we will prepare and send you a Deed of Reconveyance. If you have any questions, please call or write us. Very truly yours,

cc:

[Client]

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SAMPLE 23 - LETTER TO CLIENT (step 13)

[Date]

[Client]

Re:

[Matter]

[Client's Name]: This will confirm that the sale took place as scheduled. Enclosed are the following documents: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Original Trustee's Sale Guarantee with endorsements Recorded Appointment of Successor Trustee Recorded Notice of Default and Election To Sell Recorded Trustee's Notice of Sale Recorded Proof of Service [or Affidavit of Service Attempts and Posting] Recorded Affidavit of Mailing Recorded Affidavit of Publication Affidavit of Compliance Recorded Certificate of Nonmilitary Service Recorded Trustee's Deed

Enclosed is my statement for fees and costs. At this point, I will close my file. Thank you for the opportunity to have been of service. Very truly yours,

Encs.

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SAMPLE 24 - 2008 RESIDENTIAL FORECLOSURE NOTICE (step 5)

The notice must be in substantially the following form and printed in at least 14-point type:

NOTICE: YOU ARE IN DANGER OF LOSING YOUR PROPERTY IF YOU DO NOT TAKE ACTION IMMEDIATELY This notice is about your mortgage loan on your property at _________ (address). Your lender has decided to sell this property because the money due on your mortgage loan has not been paid on time or because you have failed to fulfill some other obligation to your lender. This is sometimes called foreclosure. The amount you would have had to pay as of _____ (date) to bring your mortgage loan current was $_____. The amount you must now pay to bring your loan current may have increased since that date. By law, your lender has to provide you with details about the amount you owe, if you ask. You may call _________ (telephone number) to find out the exact amount you must pay to bring your mortgage loan current and to get other details about the amount you owe. You may also get these details by sending a request by certified mail to:_________. THIS IS WHEN AND WHERE YOUR PROPERTY WILL BE SOLD IF YOU DO NOT TAKE ACTION: Date and time:_________, 2_____ at _________ Place: _________ THIS IS WHAT YOU CAN DO TO STOP THE SALE: 1. You can pay the amount past due or correct any other default, up to five days before the sale. 2. You can refinance or otherwise pay off the loan in full anytime before the sale. 3. You can call _________ (name) at _________ (telephone number) to find out if your lender is willing to give you more time or change the terms of your loan. 4. You can sell your home, provided the sale price is enough to pay what you owe. There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at 1-800-SAFENET (723-3638) or visit the Oregon Foreclosure
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Help Web site at http://oregon.gov/DCBS/foreclosurehelp/index.shtml. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar's Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its Web site at: www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to http://www.osbar.org/public/ris/LowCostLegalHelp/LegalAid.html. WARNING: 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. If you have any questions, talk to a lawyer or one of the organizations mentioned above before signing. DATED:_____, 2_____ Trustee name: _________(print) Trustee signature: _________ Trustee telephone number: _________

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OREGON NONJUDICIAL FORECLOSURE CHECKLIST FOR FILE

Client: Address: Grantor: Grantor's Address: County of Security: Address of Security: Arrearage: Payoff: Date of Sale: Client No. Contact Person: Telephone:

As of: As of: Time:

Day:

1. 2. 3.

Open File Check Conflicts as to grantors

15. 16.

Prepare 120 Day Statutory Service by Certified Mail Prepare 120 Day Statutory Service by First Class Mail Prepare Courtesy Service by First Class Mail Prepare Affidavit of Mailing Check Date Down Endorsement for Additional Lienholders Check Conflicts as to Additional Lienholder Confirm Service or Posting; Mail Notice of Substituted Service Send Notice of Sale for Publication Federal Tax Lien Check and Notice to Occupants Notice Sent to IRS Notice to Vacate (Non-Grantor Occupants) Confirm Last Date of Publication Record Affidavits Prepare for Sale Record Trustee's Deed and Certificate of Non-Military Service, then Order Preliminary Title Report or Owner's Policy (if requested)

Letter of Intent to Foreclose and FairDebt Collection Letter Sent (if applicable) Order Trustee's Sale Guarantee: Title Co.: Ordered From: Order No. Prepare Appointment of Successor Trustee Review Guarantee and Prepare Service List Check Conflicts as to all Parties

17. 18. 19. 20. 21. 22.

4.

5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Set Sale and Docket 23. Prepare Notice of Default Prepare Trustee's Notice of Sale and 2008 Notice Record in order: (1) Appointment of Trustee (2) Notice of Default 26. Order Date Down Endorsement to Reflect Notice of Default Confirm Recording Prepare 120 Day Personal Service (Occupants) 27. 28. 29. 24. 25.

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FORECLOSURE DEADLINES DATE OF SALE:

ACTION

SUGGESTED TICKLER DATE(S)

TICKLER DATE(S)*

DUE DATE*

DATE ACCOMPLISHED

FDCPA letter sent (Send within 5 days after collection efforts are commenced)

Recordation of Notice of Default (must be recorded no less than 120 days before sale)

130 days before sale/120 days before sale

Request for First Supplemental Trustee's Sale Guarantee

Date Notice of Default is recorded

Receipt of First Supplemental Trustee's Sale Guarantee

5 days after recording Notice of Default

Service of additional Notices of Sale

1 day after receipt of First Supplemental Guarantee (reset sale date?)

Personal service [or posting on property after service personal service attempt fails] on occupants and service of Notices of Sale and 2008 Notice (must be sent no less than 120 days before sale, after recordation of Notice of Default)

130 days before sale/120 days before sale

Confirm Service or posting of Notice of Sale [and 2008 Notice, if applicable] on occupants and interested parties

10 days after notices sent for service

Send publication information

80 days before sale

Publication completion date

20 days before sale

Affidavit of Publication received

10 days before sale

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ACTION

SUGGESTED TICKLER DATE(S)

TICKLER DATE(S)*

DUE DATE*

DATE ACCOMPLISHED

Request Second Supplemental Trustee's Sale Guarantee

30 days before sale

Verbally check for IRS liens

30 days before sale

Notice of Determination (that Grantor is not eligible for foreclosure avoidance or has not complied with mediation agreement)

30 days before sale

Notice to Vacate

30 days before sale

Record Affidavits and send Affidavit of Compliance to DOJ

30 days before sale

Mail Notice of Nonjudicial Sale / IRS lien

25 days before sale

Conduct search regarding active military duty and prepare Certificate of NonMilitary Service

20 days before sale

Confirm certified mailing or other delivery of statement of information

14 days before sale

Record Notice of Sale/Affidavits and get Bid Instructions

5 days before sale

Prepare Bid

3 days before sale

Remind out-of-town counsel

1 day before sale

Deliver Trustee's Deed and Certificate of Non-Military Service to Purchaser (Trustee must execute and deliver Trustee's Deed to Purchaser within 10 days of sale)

5 days after sale

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ACTION

SUGGESTED TICKLER DATE(S)

TICKLER DATE(S)*

DUE DATE*

DATE ACCOMPLISHED

Check for Occupants/Send Letter to Vacate in 10 days

1 day after sale

Begin FED if needed

11 days after sale

Reschedule sale if original postponed

Title Company: Address: City/State/Zip: Phone No.: Guarantee No.: Title Officer:

ORS 86.753 FEE SCHEDULE: Commercial: Actual Residential: Actual up to $1000 (up to 5 days before sale) Responsible Paralegal: Associate Counsel: Firm Name: Address: City/State/Zip: Fee for Sale: Fee for Setover:

SERVICE
NAME ADDRESS
TYPE OF SERVICE 2008 NOTICE FAIR DEBT SERVICE INSTR. PS STATUS FC STATUS CM STATUS

TYPE OF SERVICE: 1. 2. 3. 4.

PS = Personal Service FC = First Class Mail CM = Certified Mail/Return Receipt PO = Posting

Client No.: Last Day for Service: Postage: $ Photocopies:

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@.

per copy: $
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