About the Program
In 2013, the Oregon legislature enacted Senate Bill 558 (Oregon Laws 2013, chapter 304) to govern the operation of the Oregon Foreclosure Avoidance Program. This legislation has been effective since August 4, 2013. The Department of Justice has contracted with Mediation Case Manager to be the service provider who will implement and coordinate this program.
What does this program do? The program uses a trained and neutral third-party (a mediator or facilitator) to conduct a face-to-face meeting (referred to as a dispute resolution conference) between a homeowner (grantor) and their lender (beneficiary) 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 (the service provider) 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 www.ForeclosureMediationOR.org.)
- If you are not in foreclosure, and have not received a letter clearly marked “Notice of a Resolution Conference” and would like a resolution conference with your lender, you must meet with a housing counselor who will help you request a resolution conference. Go to
https://ForeclosureMediationOR.org/Content/Site/558/homeowners/ to get this process started.
Additional 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. A form will be available for this purpose at http://www.doj.state.or.us/consumer/pages/foreclosure_mediation_forms.aspx. Once completed, the form may be provided to the Attorney General by emailing a copy to DOJ@foreclosuremediationOR.org or by mailing 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.]
Exemptions Claimed in 2014 pursuant to SB 558
Exemptions Claimed in 2013 pursuant to SB 558
- 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 the Service Provider. For program rules see http://www.doj.state.or.us/consumer/pages/foreclosure_mediation_rules.aspx (Note that SB 558 rules will not be available on this website until July, 2013.)
Prior to August 4th, 2013
Exemption Requests prior to August 4th, 2013. The requirement to enter into mediation did not apply to certain beneficiaries who did not commence more than 250 actions to foreclose a residential trust deed during the preceding calendar year (See Oregon Laws 2012 ch 112 Section 2.) These provisions have since been repealed and replaced by Oregon Laws 2013, chapter 304. The links below are to beneficiaries who claimed exemptions in 2012 and 2013 under the now-repealed legislation:
Exemptions Claimed in 2013 pursuant to SB 1552 (2012)
Exemptions Claimed in 2012
Non-Judicial Foreclosures by Non-exempt Beneficiaries prior to August 4th, 2013.
The program requirements are described in Senate Bill 1552 (Oregon Laws 2012 chapter 112) and in rules adopted by the Attorney General. Beneficiaries may obtain additional information and generate a “Notice of Mediation” by going to www.ForeclosureMediationOR.org
Information for Facilitators and Mediators
The Oregon Foreclosure Avoidance Program is operated by the service provider, “Mediation Case Manager” who is 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 additional information see https://ForeclosureMediationOR.org/content/site/558/mediators/.