2015 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 646A - Trade Regulation
Section 646A.702 - Definitions for ORS 646A.702 to 646A.720.
As used in ORS 646A.702 to 646A.720:
(1) "Default" means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence.
(2) "Family" means a spouse, domestic partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, cousin or in-law.
(3) "Foreclosure consultant," except as provided in ORS 646A.705, means a person that directly or through association with another makes a solicitation, representation or offer to a homeowner to perform, for or with the intent to receive compensation from or on behalf of the homeowner, a service that the solicitation, representation or offer indicates will accomplish one or more of the following:
(a) Prevent, postpone or stop a foreclosure sale.
(b) Obtain a forbearance from a beneficiary or mortgagee.
(c) Assist the homeowner in exercising a right of redemption.
(d) Obtain an extension of the period within which the homeowner may reinstate the homeowner’s obligation.
(e) Obtain the waiver of an acceleration clause that is:
(A) Contained in a promissory note or contract; and
(B) Secured by or contained in a deed of trust for, or mortgage on, a residence in foreclosure or in default.
(f) Assist the homeowner in obtaining a loan or advance of funds.
(g) Avoid or ameliorate an impairment of the homeowner’s credit resulting from a recorded notice of foreclosure or default.
(4) "Foreclosure consulting contract" means an agreement between a foreclosure consultant and a homeowner for the provision of services by a foreclosure consultant in regard to a residence in foreclosure or in default.
(5) "Homeowner" means the record owner of a residence.
(6) "Residence in foreclosure" means residential real property:
(a) Consisting of one to four single-family dwelling units;
(b) On which the owner occupies a dwelling unit; and
(c) Against which a notice of default has been recorded.
[2008 c.19 §2]
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