75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to B-Eng. SB 628
 
LC 2676/SB 628-B13
 
                      SENATE AMENDMENTS TO
                   B-ENGROSSED SENATE BILL 628
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 26
 
  On page 4 of the printed B-engrossed bill, line 12, delete '
Sections 3 and 3a' and insert 'Section 3' and delete 'are ' and
insert 'is'.
  In line 18, delete 'within 30 days' and insert ', as soon as
reasonably practicable but not later than 45 days' and after '
form' insert a comma.
  In line 21, delete '30-day' and insert '45-day'.
  In line 43, after 'subsection' insert a period and delete the
rest of the line and lines 44 and 45.
  On page 5, delete line 1.
  In line 4, before the period insert ', provided that the
beneficiary informs the grantor that the grantor is not
eligible'.
  Delete lines 5 through 37.
  On page 8, line 20, delete the blank and insert '229'.
  On page 9, delete lines 13 through 45.
  On page 10, delete lines 1 through 43 and insert:
  '  { +  SECTION 6. + } ORS 86.750, as amended by section 1,
chapter 229, Oregon Laws 2009 (Enrolled Senate Bill 239), and
section 5 of this 2009 Act, 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) A copy of the notice of sale shall be published in a
newspaper of general circulation in each of the counties in which
the property is situated once a week for four successive weeks.
The last publication shall be made more than 20 days prior to the
date the trustee conducts the sale.
  ' (3) On or before the date the trustee conducts the sale, the
trustee shall file for recording in the official record of the
county or counties in which the property described in the deed is
situated the following affidavits with respect to the notice of
sale:
  ' (a) An affidavit of mailing, 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.
  ' (4) On or before the date the trustee conducts the sale, the
trustee shall file for recording in the official record of the
county or counties in which the property described in the deed is
situated an affidavit of mailing with respect to the notice to
the grantor required under section 20, chapter 19, Oregon Laws
2008.
  '  { - (5) On or before the date the trustee conducts the sale,
the trustee shall file for recording in the official record of
the county or counties in which the property is located an
affidavit from the beneficiary or the beneficiary's agent that
states how the beneficiary or the beneficiary's agent has
complied with the provisions of section 3 (1) and (2) of this
2009 Act. - } '.
  On page 11, line 8, delete 'Sections 3 and 3a' and insert '
Section 3'.
  In line 9, delete '1, 5 and 5a' and insert '1 and 5'.
  In line 11, delete 'Sections 3 and 3a' and insert 'Section 3'.
  In line 12, delete '1, 5 and 5a' and insert '1 and 5'.
  Delete lines 15 through 21 and insert:
  '  { +  SECTION 9. + }  { + The amendments to ORS 86.750 and
section 20, chapter 19, Oregon Laws 2008, by sections 4 and 6 of
this 2009 Act become operative on January 2, 2012. + }
  '  { +  SECTION 10. + }  { + Section 3 of this 2009 Act is
repealed on January 2, 2012. + } ' .
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