Oregon Law
Law as of Jan 1, 2024
Chapter contents
86.010Nature of mortgagee’s interest 86.020Covenant to pay money not implied 86.030Absolute deed as a mortgage 86.040Improvements on mortgaged lands 86.050Payment of taxes and other charges by mortgagee 86.060Assignment of mortgage 86.070[Repealed by 1965 c.252 §1] 86.080Record of assignment not notice to mortgagor 86.090[Repealed by 1965 c.252 §1] 86.095Acts not affecting priority of lien of credit instrument 86.100Discharge of mortgage 86.110Discharge of record by owner and holder of mortgage note who is not the mortgagee of record 86.120Discharge of mortgage on real property; effect of discharge 86.130Discharge by foreign executors, administrators, conservators and guardians 86.140Liability of mortgagee for failure to discharge mortgage 86.150Loan agreements and promissory notes to state maximum prepayment privilege penalty 86.155Priority of line of credit instrument as to certain advances; procedure to limit indebtedness in residential line of credit instrument 86.157Action for residual debt after short sale of residential property; payoff statements 86.160Definitions for ORS 86.160 to 86.185 86.165Late charge 86.170Prohibited mortgage provisions 86.175Scope 86.180ORS 86.160 to 86.185 not applicable to certain mortgagees; notice to borrowers 86.185ORS 86.160 to 86.185 not applicable to certain loans 86.205Definitions for ORS 86.205 to 86.275 86.210Types of lender security protection provisions allowed 86.214Application of ORS 86.210 and 86.245 to real estate loan agreements 86.215[1975 c.337 §§3,4,5; 1985 c.613 §2; repealed by 1987 c.577 §5] 86.220[1975 c.337 §6; repealed by 1987 c.577 §5] 86.225[1975 c.337 §6a; repealed by 1987 c.577 §5] 86.230[1975 c.337 §6b; repealed by 1987 c.577 §5] 86.235[1975 c.337 §7; repealed by 1987 c.577 §5] 86.240Limit on amount required in security protection escrow account; compliance with federal laws for certain loans as compliance with state laws 86.245Interest on security protection deposits; exception 86.250Service charge prohibited where interest required 86.255Arrangements where security protection provisions not required; information to borrower 86.260Payment of taxes where security protection provision required; credit of discount where taxes not paid; cause of action by borrower 86.265Effect of lender violation of ORS 86.205 to 86.275 86.270ORS 86.205 to 86.275 inapplicable to certain loan agreements; notice to borrower 86.275Severability 86.310[Amended by 1955 c.21 §1; repealed by 1961 c.726 §427] 86.315[1953 c.700 §2; repealed by 1961 c.726 §427] 86.320[Repealed by 1961 c.726 §427] 86.330[Repealed by 1961 c.726 §427] 86.340[Repealed by 1961 c.726 §427] 86.350[Amended by 1955 c.182 §1; repealed by 1961 c.726 §427] 86.360[Repealed by 1961 c.726 §427] 86.370[Amended by 1957 c.404 §1; repealed by 1961 c.726 §427] 86.380[Repealed by 1961 c.726 §427] 86.390[Repealed by 1961 c.726 §427] 86.400[Repealed by 1961 c.726 §427] 86.405Secretary of State to furnish statement of mortgages filed before September 1, 1963; fee 86.410[Repealed by 1961 c.726 §427] 86.420[Repealed by 1961 c.726 §427] 86.430[Repealed by 1961 c.726 §427] 86.440Discharge of mortgage recorded with county recording officer 86.450[Repealed by 1961 c.726 §427] 86.460Discharge of mortgage filed with Secretary of State; fee 86.470Discharge, assignment and foreclosure of mortgages on chattels registered and licensed by Department of Transportation 86.480[Repealed by 1961 c.726 §427] 86.490[Repealed by 1961 c.726 §427] 86.500[Amended by 1955 c.30 §1; repealed by 1961 c.726 §427] 86.510[Repealed by 1961 c.726 §427] 86.520[Repealed by 1961 c.726 §427] 86.610Power of financial institutions, fiduciaries and others to make loans secured by property insured by Federal Housing Administration 86.620Investment of funds of financial institutions, fiduciaries and others in bonds and mortgages accepted by Federal Housing Administration, debentures issued thereby, and obligations of national mortgage associations 86.630Eligibility of securities described in ORS 86.620 as security for deposits, investment or reserve of securities 86.640Applicability of other laws requiring security or regulating loans and investments 86.705Definitions for ORS 86.705 to 86.815 86.707Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748 86.710Trust deeds authorized to secure performance of obligation; methods of foreclosure after breach 86.713Qualifications of trustee; certificate of authority to transact business; law practice serving as trustee; appointment of successor trustee; trustee’s duties 86.715Trust deed deemed to be mortgage on real property; applicability of mortgage laws 86.720Reconveyance upon performance; liability for failure to reconvey; release of trust deed 86.722Correction of error concerning status or effect of trust deed; rights of bona fide purchaser 86.725[1959 c.625 §20; renumbered 86.815 in 2013] 86.726Resolution conference for foreclosure; exemptions; procedure to request conference; fee 86.729Scheduling and notice for resolution conference; information required; fees; postponement, rescheduling and cancellation; liability of facilitator 86.730[1959 c.625 §§17,22; repealed by 1961 c.616 §8] 86.732Attendance at resolution conference; authority of beneficiary’s agent; representation of grantor; terms of foreclosure avoidance measure; report 86.735[1959 c.625 §§4,5; 1965 c.457 §2; 1983 c.719 §3; 1985 c.817 §2; 1989 c.190 §2; 2012 c.112 §6; 2013 c.304 §10; 2013 c.625 §4; renumbered 86.752 in 2013] 86.736Certificate of compliance; expiration 86.737[2008 c.19 §20; 2009 c.864 §§1,4; renumbered 86.756 in 2013] 86.739[2008 c.19 §21; 2009 c.229 §3; renumbered 86.761 in 2013] 86.740[1959 c.625 §6; 1961 c.616 §3; 1965 c.457 §3; 1973 c.823 §95; 1979 c.879 §2; 1983 c.719 §4; 1989 c.190 §3; 2005 c.129 §1; 2011 c.212 §22; 2012 c.112 §7; 2013 c.304 §11; renumbered 86.764 in 2013] 86.741Attorney General duties and powers; payments; rules 86.742[1985 c.817 §9; 1995 c.618 §51; 2012 c.112 §8; renumbered 86.767 in 2013] 86.744Foreclosure Avoidance Fund 86.745[1959 c.625 §7; 1961 c.616 §4; 1965 c.457 §4; 1983 c.719 §5; 1985 c.817 §3; 2003 c.251 §4; 2009 c.510 §2; 2010 c.28 §§1,2; 2011 c.510 §§1,6; renumbered 86.771 in 2013] 86.748Determination of ineligibility for foreclosure avoidance measure; notice; recording; penalty 86.750[1959 c.625 §8; 1961 c.616 §5; 1965 c.457 §5; 1979 c.879 §3; 1983 c.719 §6; 1985 c.817 §4; 2007 c.165 §1; 2009 c.229 §1; 2009 c.864 §§5,6; 2010 c.28 §§3,4; 2010 c.40 §§2,3; renumbered 86.774 in 2013] 86.752Foreclosure by advertisement and sale 86.753[1983 c.719 §11; 1985 c.817 §5; 1989 c.190 §4; 1999 c.561 §1; renumbered 86.778 in 2013] 86.755[1959 c.625 §9; 1965 c.457 §6; 1983 c.719 §7; 1985 c.817 §6; 1989 c.190 §5; 1989 c.506 §1; 2009 c.883 §§1,1a; 2011 c.42 §10; 2011 c.510 §§2,7; 2011 c.712 §2; 2012 c.112 §§9,10; 2013 c.76 §§1,2; 2013 c.465 §§1,2; renumbered 86.782 in 2013] 86.756Notice to grantor; requirements; additional forms; rules 86.757[2003 c.251 §2; renumbered 86.786 in 2013] 86.759[2003 c.251 §3; renumbered 86.789 in 2013] 86.760[1959 c.625 §10; 1961 c.616 §6; 1965 c.457 §7; 1979 c.879 §4; repealed by 1983 c.719 §13] 86.761Failure to give notice to grantor; remedy 86.764Notice of sale for certain persons 86.765[1959 c.625 §11; 1965 c.457 §8; renumbered 86.794 in 2013] 86.767Failure to give notice of sale; action by omitted person; defense; pleading and proving knowledge of sale; attorney fees; exclusive remedy 86.770[1959 c.625 §§12,13; 1965 c.457 §9; 1981 c.811 §1; 1983 c.719 §8; 1985 c.817 §7; 1989 c.190 §6; 1997 c.786 §1; 2007 c.166 §16; 2009 c.883 §2; 2010 c.48 §1; renumbered 86.797 in 2013] 86.771Contents of notice of sale; additional notices; contents and requirements 86.774Service and publication of notice; recording proof of compliance 86.775[1959 c.625 §14; renumbered 86.800 in 2013] 86.778Discontinuance of foreclosure proceedings after cure of default 86.780[1959 c.625 §15; 1983 c.719 §12; 1985 c.565 §8; 2009 c.229 §2; renumbered 86.803 in 2013] 86.782Sale of property; obtaining possession after sale; procedures; notices; requirements for postponing or rescinding sale 86.785[1959 c.625 §16; renumbered 86.806 in 2013] 86.786Request for information from trustee 86.789Information provided by trustee 86.790[1959 c.625 §3; 1967 c.359 §680; 1975 c.618 §2a; 1979 c.879 §5; 1981 c.192 §1; 1983 c.719 §9; 1989 c.190 §7; 1997 c.70 §1; 1997 c.631 §388; 2003 c.364 §50; 2013 c.125 §2; 2013 c.465 §6; renumbered 86.713 in 2013] 86.794Disposition of proceeds of sale 86.795[1959 c.625 §19; 1961 c.616 §7; 1965 c.457 §10; renumbered 86.809 in 2013] 86.797Effect of sale; actions for deficiency; restrictions 86.800Contents of trustee’s deed to purchaser 86.803Recitals in trustee’s deed and certain affidavits as prima facie or conclusive evidence 86.806Requests for copies of notice of default or notice of sale 86.809Compensation of trustee 86.812Impermissible conditions for approving short sale or sale of note; exceptions 86.815Time within which foreclosure must be commenced 86.990Penalties

Chapter 86 — Mortgages; Trust Deeds

ORS 86.140 Liability of mortgagee for failure to discharge mortgage

If any mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage before or after a breach thereof, shall, within 30 days after being thereto requested, and after tender of reasonable charges, fail to discharge the same, or to execute and acknowledge a certificate of discharge or release thereof, that person shall be liable to the mortgagor, or the heirs or assigns of the mortgagor, in the sum of $500 damages and also for all actual damages occasioned by such failure, to be recovered in an action at law. The owner and holder of the promissory note referred to in ORS 86.110 is deemed the personal representative of the mortgagee for the purposes of this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.