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Oregon Complaint - Strict Foreclosure of Land Sale Contract

State:
Oregon
Control #:
OR-HJ-484-01
Format:
PDF
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A01 Complaint - Strict Foreclosure of Land Sale Contract
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FAQ

The lender demands the borrower pay the full mortgage amount in 90 days or the borrower will be required to vacate the property. The lender files suit asking a court to order the borrower to pay the mortgage debt by a certain date or the lender will automatically gain full title to the property.

In Oregon, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust.

In a strict foreclosure, a lender takes title to the liened property directly. a lender receives the proceeds from the forced sale of the liened property. the defaulting owner does not have the opportunity to prevent the foreclosure by paying the amounts owed.

Phase 1: Payment Default. Phase 2: Notice of Default. Phase 3: Notice of Trustee's Sale. Phase 4: Trustee's Sale. Phase 5: Real Estate Owned (REO) Phase 6: Eviction. The Bottom Line.

Strict Foreclosure. In strict foreclosure proceedings, the lender files a lawsuit on the homeowner that has defaulted. If the borrower cannot pay the mortgage within a specific timeline ordered by the court, the property goes directly back to the mortgage holder.

In a strict foreclosure, a lender takes title to the liened property directly. a lender receives the proceeds from the forced sale of the liened property. the defaulting owner does not have the opportunity to prevent the foreclosure by paying the amounts owed.

Oregon borrowers can expect that the foreclosure process will take approximately six months to complete if everything goes smoothly during the foreclosure. Court delays, borrower objects or a borrower's filing for bankruptcy can delay the process.

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Oregon Complaint - Strict Foreclosure of Land Sale Contract