Oregon Amends Provisions Regarding Foreclosure Avoidance Mediation Program
by: Paul McSheffrey
The Oregon Department of Justice recently amended its rules required by 2013 legislation to implement the Foreclosure Avoidance Mediation Program established in Oregon Laws 2013, chapter 304. A list of the various rules that were adopted and amended follows.
The newly adopted rules include 137-110-0300 and 137-110-0605. Rule 137-110-0300 provides for beneficiary exemptions. A beneficiary claiming an exemption from the requirement to participate in a resolution conference with a grantor must submit an affidavit that complies with the model form provided by the Oregon Department of Justice. The affidavit may be mailed to the Attorney General of Oregon, or may be e-mailed to the Department of Justice at doj@foreclosuremediationOR.org . Under Rule 137-110-0605, the service provider must send a Notice of Resolution Conference to the grantor and beneficiary within ten days after the grantor or beneficiary requested the conference. Within five days of receiving the fee from the grantor, the service provider must send a notice to the grantor and the beneficiary that specifies the date, time, and location of the resolution conference.
The amended rules cover issues such as the minimum qualifications required for program mediators under 137-110-0110, the fees required to be paid by the parties under 137-110-0200 and 137-110-0210, the contents of the notices that will be issued by the service provider under 137-110-0670, the guidelines that provide for the role of program facilitators under 137-110-0600, documents required of both parties under 137-110-0610 and 137-110-0620, procedures for rescheduling mediation sessions under 137-110-0630, the role of interpreters under 137-110-0650, and the form for the certificate of compliance under 137-110-0670.
These provisions are effective August 4, 2013 and are scheduled to expire on January 31, 2014.
About the Author:
Paul McSheffrey, J.D. is Regulatory Compliance Consultant at Bankers Advisory, Inc. He is a graduate of Northeastern University and earned his Juris Doctor at the New England School of Law. Paul is admitted to the Bar in Massachusetts and New York. He can be reached at paul@bankersadvisory.com
Paul McSheffrey, JD, is a senior regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at the New England School of Law. He is admitted to the Bar in both Massachusetts and New York.
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