Oregon Statutes 86.707 – Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748
As used in this section and ORS § 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748:
Terms Used In Oregon Statutes 86.707
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Grantor: The person who establishes a trust and places property into it.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(1) ‘Facilitator’ means a person that a service provider selects to conduct a resolution conference.
(2) ‘Foreclosure avoidance measure’ means an agreement between a beneficiary and a grantor that uses one or more of the following methods to modify an obligation that is secured by a residential trust deed:
(a) The beneficiary defers or forbears from collecting one or more payments due on the obligation.
(b) The beneficiary modifies, temporarily or permanently, the payment terms or other terms of the obligation.
(c) The beneficiary accepts a deed in lieu of foreclosure from the grantor.
(d) The grantor conducts a short sale.
(e) The beneficiary provides the grantor with other assistance that enables the grantor to avoid a foreclosure.
(3) ‘Housing counselor’ means a counselor employed by a nonprofit housing counseling agency that the Housing and Community Services Department or a successor state agency approves.
(4) ‘Remote audio or video communication’ means a method of remote communication that gives a participant in the communication the capability and opportunity to clearly transmit and, as appropriate, perceive at substantially the same time the participant’s own, and other participants’, spoken or sign language, visual or audio aids, gestures, expressions, tones of voice and other indicators of meaning apart from spoken or written language.
(5) ‘Resolution conference’ means a meeting at which a grantor and a beneficiary attempt to negotiate and agree upon a foreclosure avoidance measure.
(6) ‘Service provider’ means a person that the Attorney General appoints under ORS § 86.741 to coordinate a program to implement the provisions of ORS § 86.726, 86.729, 86.732 and 86.736. [2012 c.112 § 2; 2013 c.304 § 7; 2021 c.106 § 3]