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Ex. SEC-13-088 Order Primary source read

Enrolled House Bill 4204 (2020)

Relating to strategies to protect Oregonians from the effects of the COVID-19 pandemic (mortgage forbearance and foreclosure moratorium)

Oregon Legislative Assembly (2020 First Special Session); approved by Governor Kate Brown June 30, 2020 · Oregon (State)

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The record

Jurisdiction
Oregon
Level
State
Authority
Or. Const. art. IV; Oregon Laws 2020 (1st Spec. Sess.), ch. 12 (emergency clause)
Issued
2020-06-30 June 30, 2020
Effective
2020-06-30 (emergency clause); emergency period from Mar. 8, 2020 (read as 2020-06-30)
End
emergency period to Sept. 30, 2020, extended by EO 20-37 (Aug. 31, 2020; OR-026) to Dec. 31, 2020; successor HB 2009 (2021) and EO 21-14 (to Sept. 30, 2021; OR-042) and EO 21-30 (to Dec. 31, 2021; OR-050) (read as 2020-12-31)
In force
June 30, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Courts and public officesOther
Addressees
  • lenders (beneficiaries, trustees, mortgagees, land-sale-contract sellers, licensees and their agents)
  • borrowers
Functions reached
  • SV (compelled deferral on notice; trustee's sales and judicial foreclosures barred on every residential and commercial financing agreement)
  • ML
  • BL
  • CL (retail installment contracts for dwellings)
Collection
Financial Services SEC-13

Operative words

(3)(a) During the emergency period, a lender may not treat as a default a borrower's failure to make a periodic installment payment... if at any time during the emergency period the borrower notifies the lender that the borrower will not be able to pay... [the lender shall] (A) Defer from collecting the periodic installment payment during the emergency period... (4)... a lender may not at any time during the emergency period: (a) Foreclose a trust deed by advertisement and sale; [(b) bring a judicial foreclosure or forfeiture action; (c) execute or record a notice of default, sale or forfeiture...]

Enforcement

Statute; ORS ch. 86 remedies; the Act is Oregon Laws 2020 (1st Spec. Sess.), ch. 12

Notes

Text read. Reaches every 'financing agreement' secured by real property in Oregon, without regard to federal backing.

Retrieval note

Passed both houses June 26, 2020; the Oregon State file (OR-024 companion) records the June 30, 2020 signing.