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

By: Krista Hart

Krista Hart — Wed, 09 Mar 2011 06:30:14 +0000

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!

By: Orwell21

Orwell21 — Fri, 04 Mar 2011 18:10:26 +0000

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.

By: Katheryn

Katheryn — Thu, 03 Mar 2011 20:33:07 +0000

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

By: Mike

Mike — Thu, 03 Mar 2011 19:58:59 +0000

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.

By: Pamela

Pamela — Thu, 03 Mar 2011 19:49:09 +0000

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