Current through 2024 Regular Session legislation effective June 6, 2024
Section 646A.702 - Definitions for ORS 646A.702 to 646A.720 As used in ORS 646A.702 to 646A.720:
(1) "Default" means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence.(2) "Family" means a spouse, domestic partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, cousin or in-law.(3) "Foreclosure consultant," except as provided in ORS 646A.705, means a person that directly or through association with another makes a solicitation, representation or offer to a homeowner to perform, for or with the intent to receive compensation from or on behalf of the homeowner, a service that the solicitation, representation or offer indicates will accomplish one or more of the following: (a) Prevent, postpone or stop a foreclosure sale.(b) Obtain a forbearance from a beneficiary or mortgagee.(c) Assist the homeowner in exercising a right of redemption.(d) Obtain an extension of the period within which the homeowner may reinstate the homeowner's obligation.(e) Obtain the waiver of an acceleration clause that is: (A) Contained in a promissory note or contract; and(B) Secured by or contained in a deed of trust for, or mortgage on, a residence in foreclosure or in default.(f) Assist the homeowner in obtaining a loan or advance of funds.(g) Avoid or ameliorate an impairment of the homeowner's credit resulting from a recorded notice of foreclosure or default.(4) "Foreclosure consulting contract" means an agreement between a foreclosure consultant and a homeowner for the provision of services by a foreclosure consultant in regard to a residence in foreclosure or in default.(5) "Homeowner" means the record owner of a residence.(6) "Residence in foreclosure" means residential real property: (a) Consisting of one to four single-family dwelling units;(b) On which the owner occupies a dwelling unit; and(c) Against which a notice of default has been recorded.