ORS 86.778
Discontinuance of foreclosure proceedings after cure of default


(1)

Where a trustee has commenced foreclosure of a trust deed by advertisement and sale, the grantor, the grantor’s successor in interest to all or any part of the trust property, any beneficiary under a subordinate trust deed, or any person having a subordinate lien or encumbrance of record on the property, may cure the default or defaults at any time prior to five days before the date last set for the sale. If the default consists of a failure to pay, when due, sums secured by the trust deed, the default may be cured by paying the entire amount due at the time of cure under the terms of the obligation, other than such portion as would not then be due had no default occurred. Any other default of the trust deed obligation that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed. In any case, and in addition to paying the sums or tendering the performance necessary to cure the default, the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation and trust deed, together with trustee’s and attorney fees in the amount of:

(a)

A total of $1,000 for both trustee’s fees and attorney fees, or the amount actually charged by the trustee and attorney, whichever is less, if the trust deed is a residential trust deed; or

(b)

Reasonable attorney fees and trustee’s fees actually charged by the trustee and attorney if the trust deed is not a residential trust deed. Any person entitled to cure the default may, either before or after reinstatement, request any court of competent jurisdiction to determine the reasonableness of the fee demanded or paid as a condition of reinstatement. The court may award attorney fees to the prevailing party. An action to determine reasonable attorney fees or trustee’s fees under this section shall not forestall any sale or affect its validity.

(2)

After cure of the default under subsection (1) of this section, all proceedings under ORS 86.764 (Notice of sale for certain persons) to 86.782 (Sale of property) shall be dismissed by the trustee, and the obligation and trust deed shall be reinstated and shall remain in force the same as if no acceleration had occurred. [Formerly 86.753]

Source: Section 86.778 — Discontinuance of foreclosure proceedings after cure of default, https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html.

86.010
Nature of mortgagee’s interest
86.020
Covenant to pay money not implied
86.030
Absolute deed as a mortgage
86.040
Improvements on mortgaged lands
86.050
Payment of taxes and other charges by mortgagee
86.060
Assignment of mortgage
86.080
Record of assignment not notice to mortgagor
86.095
Acts not affecting priority of lien of credit instrument
86.100
Discharge of mortgage
86.110
Discharge of record by owner and holder of mortgage note who is not the mortgagee of record
86.120
Discharge of mortgage on real property
86.130
Discharge by foreign executors, administrators, conservators and guardians
86.140
Liability of mortgagee for failure to discharge mortgage
86.150
Loan agreements and promissory notes to state maximum prepayment privilege penalty
86.155
Priority of line of credit instrument as to certain advances
86.157
Action for residual debt after short sale of residential property
86.160
Definitions for ORS 86.160 to 86.185
86.165
Late charge
86.170
Prohibited mortgage provisions
86.175
Scope
86.180
ORS 86.160 to 86.185 not applicable to certain mortgagees
86.185
ORS 86.160 to 86.185 not applicable to certain loans
86.205
Definitions for ORS 86.205 to 86.275
86.210
Types of lender security protection provisions allowed
86.214
Application of ORS 86.210 and 86.245 to real estate loan agreements
86.240
Limit on amount required in security protection escrow account
86.245
Interest on security protection deposits
86.250
Service charge prohibited where interest required
86.255
Arrangements where security protection provisions not required
86.260
Payment of taxes where security protection provision required
86.265
Effect of lender violation of ORS 86.205 to 86.275
86.270
ORS 86.205 to 86.275 inapplicable to certain loan agreements
86.275
Severability
86.405
Secretary of State to furnish statement of mortgages filed before September 1, 1963
86.440
Discharge of mortgage recorded with county recording officer
86.460
Discharge of mortgage filed with Secretary of State
86.470
Discharge, assignment and foreclosure of mortgages on chattels registered and licensed by Department of Transportation
86.610
Power of financial institutions, fiduciaries and others to make loans secured by property insured by Federal Housing Administration
86.620
Investment of funds of financial institutions, fiduciaries and others in bonds and mortgages accepted by Federal Housing Administration, debentures issued thereby, and obligations of national mortgage associations
86.630
Eligibility of securities described in ORS 86.620 as security for deposits, investment or reserve of securities
86.640
Applicability of other laws requiring security or regulating loans and investments
86.705
Definitions for ORS 86.705 to 86.815
86.707
Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748
86.710
Trust deeds authorized to secure performance of obligation
86.713
Qualifications of trustee
86.715
Trust deed deemed to be mortgage on real property
86.720
Reconveyance upon performance
86.722
Correction of error concerning status or effect of trust deed
86.726
Resolution conference for foreclosure
86.729
Scheduling and notice for resolution conference
86.732
Attendance at resolution conference
86.736
Certificate of compliance
86.741
Attorney General duties and powers
86.744
Foreclosure Avoidance Fund
86.748
Determination of ineligibility for foreclosure avoidance measure
86.752
Foreclosure by advertisement and sale
86.756
Notice to grantor
86.761
Failure to give notice to grantor
86.764
Notice of sale for certain persons
86.767
Failure to give notice of sale
86.771
Contents of notice of sale
86.774
Service and publication of notice
86.778
Discontinuance of foreclosure proceedings after cure of default
86.782
Sale of property
86.786
Request for information from trustee
86.789
Information provided by trustee
86.794
Disposition of proceeds of sale
86.797
Effect of sale
86.800
Contents of trustee’s deed to purchaser
86.803
Recitals in trustee’s deed and certain affidavits as prima facie or conclusive evidence
86.806
Requests for copies of notice of default or notice of sale
86.809
Compensation of trustee
86.812
Impermissible conditions for approving short sale or sale of note
86.815
Time within which foreclosure must be commenced
86.990
Penalties
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