Oregon Notice of Right of Rescission or Right to Cancel regarding Mortgage, Lien or Security Interest on Borrowers' Residence

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Multi-State
Control #:
US-03282BG
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Word; 
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Description

According to 12 CFR 226.23, in a credit transaction in which a security interest is or will be retained or acquired in a consumer's principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right to rescind the transaction, with some exceptions. To exercise the right to rescind, the consumer shall notify the creditor of the rescission by mail, telegram or other means of written communication. Notice is considered given when mailed, when filed for telegraphic transmission or, if sent by other means, when delivered to the creditor's designated place of business. The consumer may exercise the right to rescind until midnight of the third business day following consummation, delivery of the notice
required by paragraph (b) of this section, or delivery of all material disclosures, whichever occurs last.


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FAQ

Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...

Each consumer entitled to rescind must be given two copies of the rescission notice and the material disclosures.

If you are refinancing a mortgage, you have until midnight of the third business day after the transaction to rescind (cancel) the mortgage contract. The right of rescission refers to the right of a consumer to cancel certain types of loans.

A mortgage or deed of trust is an agreement in which a borrower puts up title to real estate as security (collateral) for a loan. People often refer to a home loan as a "mortgage." But a mortgage isn't a loan agreement. The promissory note promises to repay the amount you borrowed to buy a home.

After the sale, the owner has 180 days to buy the property back from the purchaser for an amount equal to the auction price paid, plus interest and anything the purchaser had to pay for such items as taxes and maintenance. This is known as a right of redemption.

Virtually all voluntary liens secured by Oregon real estate are trust deeds and are therefore governed by the Oregon Trust Deed Act, ORS 86.705 ? 86.795, which has been in existence since 1959.

(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.

Since Oregon is a tax deed state, that means the county seizes properties for nonpayment of property taxes and sells them at auction. Starting bids are around the amount of the delinquent property taxes owed, which are a small percentage of the assessed value.

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Oregon Notice of Right of Rescission or Right to Cancel regarding Mortgage, Lien or Security Interest on Borrowers' Residence