(1) The written statement of information provided by a trustee under ORS 86.757 shall include:
(a) A statement of the exact amount required, as of a specified date, to cure the default or satisfy the obligation, including the costs of foreclosure, trustee fees, attorney fees and per diem interest; and
(b) A description of any other performance necessary to cure the default or satisfy the obligation.
(2) If the amount required to cure the default or satisfy the obligation is not calculable to an exact amount, the trustee may estimate the maximum amount required to cure the default or satisfy the obligation.
(3) If the trustee does not provide the written statement of information within the time specified in ORS 86.757, the trustee may postpone the sale of the property to provide the person requesting the written statement of information at least seven days between receipt of the statement and the date of the sale.
(4) A person requesting a written statement of information under ORS 86.757 has the rights of an omitted person under ORS 86.742 if:
(a) The person requesting the statement proves that the person sent a written request under ORS 86.757 at least 15 days before the date of sale; and
(b) The trustee cannot prove that the trustee sent the written statement of information at least seven days before the date of the sale.
(5) The provisions of this section and ORS 86.757 do not affect the duty of beneficiaries to provide information to grantors. [2003 c.251 §3]
Section: Previous 86.740 86.742 86.745 86.750 86.753 86.755 86.757 86.759 86.760 86.765 86.770 86.775 86.780 86.785 86.790 NextLast modified: August 7, 2008