Oregon SB484 | State Sen. Suzanne Bonamici Sponsors ‘Anti-MERS’ Bill to Protect Homeowners

Senator Suzanne Bonamici
D-NW Portland/Beaverton
District 17

I’m honored to represent Senate District 17—NW Portland and parts of Beaverton and unincorporated Washington County—in the Oregon Senate. On my website, you’ll find information about my work at the Capitol and some useful links to state and local government agencies.

For the 2011 Legislative Session, I have the honor of chairing the Senate Committee on Redistricting. Initially, the committee will meet once a week on Wednesday afternoons to take testimony from technical experts and the public. In addition, committee members will be traveling the state and using videoconferencing technology to gather information from citizens, local elected officials, and community leaders on how best to draw legislative and congressional district boundaries.

The Senate President has also assigned me to the following three committees: (1) General Government, Consumer & Small Business Protection; (2) Education & Workforce Development; and (3) Judiciary. These assignments will allow me to continue my important efforts on strengthening protections for Oregon consumers, improving schools at the pre-kindergarten through college levels, and ensuring public safety and justice.

If you would like to receive my legislative newsletter, please contact me at sen.suzannebonamici@state.or.us, or call my Capitol office at (503) 986-1717.

Most importantly, I am here to represent my district. Please send me your ideas and questions. Feedback from constituents like you is vital to my ability to effectively do my job representing you in Salem. Many of the laws and budgets we pass are directly influenced by suggestions from my constituents. Please continue to call, e-mail, write, and attend my Town Hall Meetings.

If you need help or information, you may also contact my Legislative Assistant, Kristie Perry, or Policy Advisor, Lesley Durmann.

I look forward to hearing from you!

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Senate Bill 484

Sponsored by Senator BONAMICI (Presession filed.)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.

Requires notice of sale in trust deed foreclosure to include documentation that establishes beneficiary or beneficiary’s agent as real party in interest with respect to loan to be foreclosed. Requires documentation to consist of true copy of original debt instrument and evidence of chain of title from date of original loan to date of notice of sale.

Declares emergency, effective on passage.

A BILL FOR AN ACT

Relating to documentation requirements for foreclosures; creating new provisions; amending ORS 86.745 and 86.750; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 86.745, as amended by sections 1 and 2, chapter 28, Oregon Laws 2010, is amended to read:

86.745. The notice of sale shall:

(1) List the names of the grantor, trustee and beneficiary in the trust deed, and the mailing address of the trustee.
(2) Describe the property the trust deed covers.
(3) Identify the book and page of the mortgage records that record the trust deed.
(4) Include documentation as an attachment that establishes that the beneficiary or the beneficiary’s agent is the real party in interest with respect to the loan. The documentation must consist of:

(a) A true copy of the original debt instrument that is the basis for the claimed right to foreclose the residential trust deed; and

(b) Evidence of the chain of title, including conveyances, endorsements and assignments of the residential trust deed, note and security instrument, from the date of the original loan on which the beneficiary seeks to foreclose to the date of the notice of sale.

Full text of bill below…

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4closureFraud.org

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Oregon SB484 – The MERS Bill to Protect Homeowners

Comments
5 Responses to “Oregon SB484 | State Sen. Suzanne Bonamici Sponsors ‘Anti-MERS’ Bill to Protect Homeowners”
  1. Krista Hart says:

    I live in Portland and got all excited about SB628 & HB3631. They passed in 2009 / 2010 respectively, as a result of the recent foreclosure crisis & coincided with the HAMP program. HB3631 is basically an amendment to SB628, requiring that the foreclosing party (lender???? MERS, whomever) file an affidavit at the County Recorder’s office stating they abided by SB628!)

    SB 628 requires that lenders offer, in writing, to meet with homeowner in person or by phone to discuss alternatives to foreclosure, including loan modifications. The letter is sent with the Notice of Default / Trustee’s Sale Notice that is POSTED on your front door as well as mailed. The homeowner is to write back within 30 days to notify the lender if they are interested in discussing their options.

    At least FIVE days prior to the foreclosure sale (PUBLIC AUCTION), the lender must file the affidavit (HB 3631) stating that the did or did not discuss/ offer foreclosure options.

    My point??? NO ONE IS ENFORCING SB628, so why would we expect SB484 to be ANY DIFFERENT?

    The banks just consider any Senate or House Bill as “optional” until they are taken to court at the Homeowner’s EXPENSE (Oregon is a Non-Judicial foreclosure state, so the burden of proof is on us, the homeowner).

    I’m very happy that my Government is finally getting on the band wagon with FL, AZ, NV, NY & CA, but until I see some enforcement of the new laws, I’m not going to be practicing my BACK FLIPS!

  2. Orwell21 says:

    This bill is a sham. I have been seeing these pop up around the country. They are allowing for a copy to be used. DOCX and LPS were creating fake documents that looked real enough, but were fakes. In Georgia they passed a bill which specifically says that in order to pursue a mortgage fraud you needed more than defective documents! Careful reading indicates these bills are NOT what they always seem to be. I would question why we would allow banks or lenders to use copies.

  3. Katheryn says:

    As sorry as it may turn out to be, it still beats Delaware!

  4. Mike says:

    So what, the pretenders attach a copy of the note with the BS allonges we’ve all been fighting, certify it to be “true” and ABRA…CADABRA…it’s legal?

    Wake up people! This is obviously being cooked up as a way to head off REAL PARTY IN INTEREST defenses, think about it before you get so excited.

  5. Pamela says:

    Well maybe someone is starting to take things seriously out here on the west coast at least it sounds good.We shall see,

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