This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Oregon Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage
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Multi-State
Control #:
US-02785BG
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Word;
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How to fill out Complaint To Compel Mortgagee To Execute And Record Satisfaction And Discharge Of Mortgage?
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FAQ
Oregon law allows for a redemption period after a foreclosure in some cases. Oregon laws allows for both judicial and non judicial foreclosures. If a lender pursues a foreclosure through the judicial system then the borrower has a 180 day right of redemption.
(8) "Trust deed" means a deed executed in conformity with ORS 86.705 to 86.815 that conveys an interest in real property to a trustee in trust to secure the performance of an obligation the grantor or other person named in the deed owes to a beneficiary.
Oregon allows for two different foreclosure processes: judicial and nonjudicial. Foreclosure can also occur when a homeowner does not pay their property taxes, a court judgment, or other liens on the property. This covers Nonjudicial Foreclosure.
In general, if you have a contractual debt in Oregon that you have not repaid, the creditor has six years to pursue you with legal action before the Oregon statute of limitations expires. This applies to medical, credit card, mortgage, and auto loan debt. There is no statute of limitations on a state tax debt.
The Division of Financial Regulation has regulatory authority over mortgage brokers, lenders, independent processor contractors, and mortgage loan originators conducting business in Oregon. Mortgage brokers and lenders are required to obtain a license as a mortgage lender in Oregon.
A trust deed can be foreclosed by a lawsuit in the circuit court of the county where the property is located. This type of foreclosure is referred to as a judicial foreclosure and is now common for residential loans in Oregon.
The Oregon Trust Deed Act (OTDA) requires lenders to record all deed of trust assignments before initiating nonjudicial foreclosures.
Suppose a mortgage lender fails to record a Satisfaction of Mortgage document within 60 days from the final payment date. In that case, you can file a lawsuit against the mortgagee. Contact a local law firm to speak with an intake specialist about your legal options.