The COVID Project
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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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 notePassed both houses June 26, 2020; the Oregon State file (OR-024 companion) records the June 30, 2020 signing.