Or. Admin. Code § 137-110-0670 - Certificate of Compliance

(1) The service provider shall issue a certificate of compliance if:

(a) The grantor fails to timely pay the fee required by Oregon Laws 2013, chapter 304, section 3(2)(a) and OAR 137-110-200; or

(b) The service provider receives a report from the facilitator that complies with Oregon Laws 2013, chapter 304, section 4(4) and the beneficiary has:

(A) Submitted the materials required under section 3(4) of Oregon Laws 2013, chapter 304, to the service provider;

(B) Appeared in person at, or sent an agent to, the resolution conference with complete authority to negotiate on the beneficiary's behalf and commit the beneficiary to a foreclosure avoidance measure, or if the beneficiary or agent did not have complete authority, required the participation by remote communication of a person with complete authority to negotiate on the beneficiary's behalf and commit the beneficiary to a foreclosure avoidance measure;

(C) Signed a document that sets forth the terms of any foreclosure avoidance measure to which the beneficiary and the grantor agreed; and

(D) Complied with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304.

(2) The certificate of compliance that has been signed and notarized by the service provider shall be issued to the beneficiary or the beneficiary's agent no later than five days following:

(a) Cancellation of the resolution conference if the certificate is issued pursuant to section (1)(a) of this rule.

(b) Receipt of the facilitator's report under Oregon Laws 2013, chapter 304, section 4(4) if the certificate is issued pursuant to section (1)(b) of this rule.

(3) The certificate of compliance shall include:

(a) The name of the grantor;

(b) The name of the beneficiary;

(c) The address of the property at issue;

(d) Reference to the recording information of the trust deed at issue;

(e) A certification that either:

(A) The beneficiary or its agent appeared at the resolution conference and complied with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304; or

(B) The grantor failed to timely pay the fee required by Oregon Laws 2013, chapter 304, section 3(2)(a), and OAR 137-110-0200.

(4) The certificate of compliance described in this rule shall substantially comply with the model form provided in Appendix C to these division 110 rules and available as "Form 670" at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml [File Link Not Available].

(5) Unless otherwise requested, the service provider shall mail the original certificate of compliance to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary's attorney. The service provider shall mail a copy of the certificate to the grantor(s).

Notes

Or. Admin. Code § 137-110-0670

DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13; DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13; DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14; DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14

Appendices referenced are not included in rule text. Click here for PDF copy of appendicies.

Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g)

Stats. Implemented: 2013 OL Ch. 304, Sec. 5, 6(1)(f) & 6(1)(g)