74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 682
 
                         Senate Bill 301
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Debtor/Creditor Section)
 
 
                             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.
 
  Provides alternative means for trustee to serve notice of sale
on property occupant. Revises requirement for trustee to publish
notice of sale. Limits ability to challenge trustee publication
of notice of sale in qualifying newspaper. Expands requirements
for trustee to file affidavits concerning service of notice of
sale.
 
                        A BILL FOR AN ACT
Relating to trustee notices of sale; amending ORS 86.750.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 86.750 is amended to read:
  86.750. (1) { + (a) Except as provided in paragraph (b) of this
subsection, + } the notice prescribed in ORS 86.745 shall be
served upon an occupant of the property described in the trust
deed in the manner in which a summons is served pursuant to ORCP
7 D(2) and 7 D(3) at least 120 days before the day the trustee
conducts the sale.
   { +  (b)(A) If service cannot be effected on an occupant as
provided in paragraph (a) of this subsection on the first
attempt, the person attempting service shall post a copy of the
notice in a conspicuous place on the property on the date of the
first attempt. The person attempting service shall make a second
attempt to effect service on a day that is at least two days
after the first attempt.
  (B) If service cannot be effected on an occupant as provided in
paragraph (a) of this subsection on the second attempt, the
person attempting service shall post a copy of the notice in a
conspicuous place on the property on the date of the second
attempt. The person attempting service shall make a third attempt
to effect service on a day that is at least two days after the
second attempt.
  (C) If service cannot be effected on an occupant as provided in
paragraph (a) of this subsection on the third attempt, the person
attempting service shall send a copy of the notice, bearing the
word 'occupant' as the addressee, to the property address by
first class mail with postage prepaid.
 
  (c) Service on an occupant is deemed effected on the earlier of
the date that notice is served as provided in paragraph (a) of
this subsection or the first date on which notice is posted as
described in paragraph (b)(A) of this subsection. + }
  (2)  { + The trustee shall cause + } a copy of the notice of
sale
  { - shall - }  { +  to + } be published  { + once a week for
four successive weeks in each county in which the property is
located + } in a newspaper   { - of general circulation in each
of the counties in which the property is situated once a week for
four successive weeks - }  { +  selected by the trustee that is
published in that county + }. The last publication  { + of the
notice + } shall be made more than 20 days prior to the date the
trustee conducts the sale. { +  The trustee's selection of a
newspaper described in this subsection for the purpose of
publishing a notice is not subject to judicial review and is not
grounds for setting aside a foreclosure or awarding damages. As
used in this subsection, 'newspaper' has the meaning given that
term in ORS 193.010. ORS 193.020 (2) and (4) do not apply to the
publication of a notice described in this subsection. + }
  (3) On or before the date the trustee conducts the sale,
 { + the trustee shall file the following with respect to the
notice of sale for recording in the official record of the county
or counties in which the property described in the deed is
situated:
  (a) + } An affidavit of mailing { + , if any + }   { - notice
of sale, proof of service (if any), - }  { + ;
  (b) An affidavit of service, if any;
  (c) An affidavit of service attempts and posting, if any; + }
and
   { +  (d) + } An affidavit of publication   { - of notice of
sale shall be recorded in the official records in the county or
counties in which the property described in the deed is
situated - } .
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