Oregon Foreclosure Authority

The 120-Day Notice & Mandatory Resolution Rights (Updated Feb 2026)

The Oregon "Resolution" Timeline

Process StageTimingLegal Requirement
Resolution NoticeDay 1Lender must offer mediation before recording a default.
Resolution ConferenceWithin 75 DaysFace-to-face meeting to explore foreclosure alternatives.
Notice of Default (NOD)After MeetingRecorded only if no agreement is reached.
Danger NoticeWith Sale NoticeStatutory warning required by ORS 86.756.
Trustee Sale NoticeDay 120 (Pre-Sale)Must be served/posted at least 120 days before auction.
Reinstatement Right5 Days Before SaleLast day to pay the "Cure" amount and stop the sale.

*Per ORS 86.726. Oregon’s Foreclosure Avoidance Program is overseen by the Department of Justice.

The Bank Must Meet You Face-to-Face

In Oregon, your lender is legally required to offer you a Resolution Conference before they can take your home. If they fail to provide a representative with "complete authority to negotiate," the sale can be halted. Our verified providers specialize in managing these conferences to secure loan modifications and stay the 120-day clock.

Oregon Frequently Asked Questions

What is the "10-Day Rescission" Rule?
Unique to Oregon (ORS 86.782), a trustee may actually **rescind** a foreclosure sale and void the deed within 10 calendar days after the auction if the borrower and lender had a pending agreement to postpone or if the lender accepted reinstatement funds. This is a rare "safety net" after the hammer falls.
Can I be sued for more money after the sale?
Generally, **No**. Under ORS 86.797, if your home is a "residential trust deed" (1-4 units, owner-occupied), the lender cannot pursue a deficiency judgment after a non-judicial foreclosure. The sale of the property satisfies the debt entirely.
What is a "Danger Notice"?
Under ORS 86.756, the trustee must mail a specific notice titled "DANGER" on or before the date they serve the Notice of Sale. It must include specific language about seeking legal help and the availability of housing counselors. If this notice is missing or defective, the sale may be invalid.
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