(1) The Attorney General shall:

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Terms Used In Oregon Statutes 86.741

  • 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.

(a) Appoint and enter into an agreement with a service provider to coordinate and manage a program to implement the provisions of ORS § 86.726, 86.729, 86.732 and 86.736.

(b) Enter into an agreement for information technology goods or services.

(c) Receive affidavits submitted under ORS § 86.726 (1)(b).

(d) Specify the amount a beneficiary must pay to the service provider under ORS § 86.726 (2) and 86.729 (4)(a) and the amount that the grantor must pay to the service provider under ORS § 86.729 (2)(a).

(e) Prescribe qualifications, training and experience requirements for facilitators that conduct or assist resolution conferences.

(f) Specify procedures and guidelines for conducting a resolution conference.

(g) Adopt additional rules to implement ORS § 86.726, 86.729, 86.732, 86.736, 86.744 and 86.748.

(2) The Attorney General shall pay for the service provider’s services and for information technology goods and services from the Foreclosure Avoidance Fund established under ORS § 86.744. The Attorney General is not subject to ORS Chapter 279A, 279B or 279C in appointing a service provider or entering into an agreement under subsection (1)(a) or (b) of this section.

(3) In addition to and not in lieu of any other penalty provided by law, violation of ORS § 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2) by a beneficiary is an unlawful practice under ORS § 646.607 that is subject to enforcement under ORS § 646.632. [2013 c.304 § 6; 2017 c.154 § 1]

 

[1985 c.817 § 9; 1995 c.618 § 51; 2012 c.112 § 8; renumbered 86.767 in 2013]