Foreclosure Avoidance Program

Also see Mortgage Help for Oregon Homeowners


Oregon Foreclosure Avoidance (OFA) Program Overview

In 2013, the Oregon legislature enacted Senate Bill 558 (PDF) » (Oregon Laws 2013, chapter 304) to govern the operation of the Oregon Foreclosure Avoidance Program. The Oregon Department of Justice contracted Mediation Case Manager » to implement and coordinate the program.

What does the program do?

A trained and neutral mediator conducts a face-to-face meeting (referred to as a dispute resolution conference) between a homeowner and their lender with the goal of avoiding home foreclosure.

Information for Homeowners

If you received a letter clearly marked “Notice of a Resolution Conference” from Mediation Case Manager be sure to respond by the deadline on that notice, pay the fee and meet with a housing counselor. Housing counseling services are free and can be found at oregonhomeownersupport.gov ».

If you are not in foreclosure and have not received a letter clearly marked “Notice of a Resolution Conference” but would like a resolution conference with your lender, you must meet with a housing counselor who will help you request a resolution conference. Visit OFA’s Homeowner’s website » to get this process started.

Foreclosure Resources For Homeowners

Information for Beneficiaries, Lenders and Servicers

On or after August 4th, 2013 (Operative date for SB 558)

Exemption requests on or after August 4th, 2013. The requirements of SB 558 do not apply to a beneficiary who submits to the Attorney General a sworn affidavit that states that during the preceding calendar year the beneficiary did not commence more than 175 actions to foreclose a residential trust deed by advertisement and sale under ORS 86.735 or by suit under ORS 88.010.

Complete the form listed below and send a copy to DOJ@foreclosuremediationOR.org or mail it to: Oregon Foreclosure Avoidance Program, Oregon Department of Justice, 1162 Court Street NE, Salem, OR 97301-4096.

(Note that exemption requests made pursuant to Senate Bill 1552 (Oregon Laws 2012 chapter 112) are not acceptable for purposes of seeking an exemption from the requirements of SB 558. SB 558 Exemption Affidavits will not be accepted prior to the operative date of the legislation, August 4th, 2013.)

Foreclosures of a residential trust deed by advertisement and sale under ORS 86.735 or by suit under ORS 88.010 on or after August 4th, 2013. Senate Bill 558 (2013) requires that, unless exempt (see above) a beneficiary that seeks to foreclosure of a residential trust deed by advertisement and sale under ORS 86.735 or by suit under ORS 88.010 on or after August 4th, 2013 must request a resolution conference with the grantor by contacting Mediation Case Manager. See program rules below.

Information for Facilitators and Mediators

The OFA program is operated by Mediation Case Manager », a service provider responsible for the recruitment, training, compensation and management of all program facilitators and mediators. The minimum qualifications for mediators are set by rules adopted by the Attorney General. For more information visit OFA’s Information for Facilitators website ».

OFA Program Forms

Except for the “Beneficiary Exemption Affidavit (Form 300)” and the “Foreclosure Avoidance Measure Notice (Form 20)” program forms are provided by Mediation Case Manager or a housing counselor using the web-based program available at foreclosuremediationOR.org.

OFA Program Rules – SB 558 (2013)

On January 27, 2013 the Attorney General filed permanent administrative rules implementing Senate Bill 558 » with the Secretary of State. These rules became effective on January 31, 2014 and replaced prior temporary rules.

Permanent Rules, Division 110 including filing notices and appendices (PDF) »