Oregon Statutes 86.736 – Certificate of compliance; expiration
(1)(a) The service provider shall issue, within five days after receiving a report from a facilitator under ORS § 86.732 (4), a certificate of compliance to a beneficiary that:
Terms Used In Oregon Statutes 86.736
- 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
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(A) Complied with ORS § 86.726, 86.729 and 86.732;
(B) Submitted the materials required under ORS § 86.729 (4) to the service provider;
(C) Appeared in person or by remote audio or video communication at, or sent an agent in person or by remote audio or video communication 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 audio or video communication of a person with complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure; and
(D) Signed a document that sets forth the terms of any foreclosure avoidance measure to which the beneficiary and the grantor agreed.
(b) A certificate of compliance expires one year after the date on which the service provider issues the certificate of compliance under paragraph (a) of this subsection.
(c) The service provider shall notify a beneficiary that failed to meet a requirement to which the beneficiary was subject under ORS § 86.726, 86.729 or 86.732 that the service provider will not issue a certificate of compliance, explaining in the notice why the service provider will not issue the certificate of compliance. The service provider shall provide a copy of the notice under this paragraph to the grantor and to the Attorney General.
(2) Notwithstanding the requirements set forth in subsection (1) of this section, if a service provider cancels a resolution conference under ORS § 86.729 (5)(b), the service provider shall issue a certificate of compliance to the beneficiary within five days after canceling the resolution conference. [2013 c.304 § 5; 2021 c.106 § 10]
[2008 c.19 § 20; 2009 c.864 1,4; renumbered 86.756 in 2013]
[2008 c.19 § 21; 2009 c.229 § 3; renumbered 86.761 in 2013]
[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]