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Oregon Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Civil Litigation and Construction Law for Oregon on
Q: I want to sever a civil lawsuit naming me and my son as co-defendants and help with civil procedure.

A building contractor that I individually contracted with put a mechanics' lien on the house where he performed work in Portland and is foreclosing. My son and DiL are the title owners of record, live in CA, and had no knowledge. I have no legal interest and acted as an implied agent, so... Read more »

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.

You can find...
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1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: i have a probate that went into foreclosure, what kind of lawyer do i need to go after the mortgage company?

when i took over my fathers estate the loan got sold to another company. the new com[any accepted 2 payments from me then denied me making payments for about a year, stating that i was not someone on the loan that could be talked to. it took me a long time to get the information from them that they... Read more »

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Sep 27, 2021

Dear Asker,

I would suggest someone in the debtor/creditor world who likes creative cases with a few complexities.

Options might be.

Keith Karnes,

Tim Eblen

Michael Obrien

You can google those names with "attorney" and you'll find...
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1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: How can I obtain legal rights to my parents property after they have passed and left no will.

A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 22, 2020

Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real property (home and land).

A probate is needed to clear title to land or a home that was held in the name of the deceased...
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2 Answers | Asked in Bankruptcy and Foreclosure for Oregon on
Q: If someone files bankruptcy to stop home foreclosure but passes away before it's final, what happens to the home?

Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?

Joanne Reisman
Joanne Reisman
answered on Mar 17, 2020

The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »

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1 Answer | Asked in Foreclosure for Oregon on
Q: I have a notice of foreclosure with a sale date of March 18th if I pay the past due amount of $13, 000 Wil it reinstate
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Feb 13, 2020

Yes - but I warn/highly encourage you to contact the foreclosure trustee or attorney and ask them for an up to date reinstatement quote when you are ready to reinstate and ask them for instructions as to where to send the reinstatement funds. If you just make a lump sum payment to the loan... Read more »

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing... Read more »

Joanne Reisman
Joanne Reisman
answered on Nov 10, 2019

Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the... Read more »

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3 Answers | Asked in Bankruptcy, Foreclosure and Collections for Oregon on
Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?

I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jun 9, 2019

Yes. Call a BK attorney in the morning

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1 Answer | Asked in Foreclosure for Oregon on
Q: My husband is on disability. We are behind on property Taxes. The county is starting foreclosure. How can we stop this?

My husband is on disability as well as our son. Our home is paid off but we are very behind on property taxes and the county has given my husband until the 22nd of this month to pay at least $4000.00 of the $13,000.00 he owes or they will get the foreclosure process started. Our home is in my... Read more »

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Sep 4, 2018

Dear asker,

As an attorney and member of the Oregon state bar who you have not hired I need to make you aware that the below information is the general thoughts I have on the topic without having met with your or reviewed any documents, etc. It is not specific advice and I am not your...
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1 Answer | Asked in Foreclosure for Oregon on
Q: Can i stop paying rent if i rent a forclosed home that went to auction and was repossed by the bank.

I rent a forclosed home with a 1 year lease agreemwnt that ends in oxt on july 7th the sheriff auctioned the house nobody beat the credit bid so the bank owns it again obviously i no longer gave to oay my previous landord or do I? Furthermore if the house is in a desirable area but in a state of... Read more »

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 25, 2018

First it is important to be quite sure that the house was actually auctioned. Receiving a notice of sheriff sale posted on the property with a date for the sale does not mean the sale actually happened. sales are often postponed or thhe owner files chapter 13 and brings the property out of... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Oregon on
Q: I currently own a home by Tenancy by the Entirety with my wife. Can a judgment lien be placed and foreclosed

The creditor appeared out of no where after 8 years with out any collection effort. Added in compounded interest and is in the process of trying to foreclose on my property. He received a decision that said he could sale my portion.

Timothy Denison
Timothy Denison
answered on Jun 21, 2018

That is really an Oregon collections uestion rather than bankruptcy question. Consult a local attorneywho can properly advise you.

1 Answer | Asked in Real Estate Law, Foreclosure and Landlord - Tenant for Oregon on
Q: Portland OR in 2017 law requires relo assistance for "no cause" evictions. Is unincorporated portland, wa county covered
Joanne Reisman
Joanne Reisman
answered on Nov 18, 2017

This is not a general real estate law question. It is a landlord tenant law question. Try reposting this as a landlord tenant law question. There are also a lot of articles on the internet about this new Portland Law, so you can google the topic and read the articles you find. Be aware that... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Oregon on
Q: What are my rights if any as an accidental squatter of 7 years in Oregon?

My family and I have lived in the same residence for 7 years with a friend. Our friend died 3 months ago. He had a will but it was stolen by his son. He is not initiating probate. Our friend had a mortgage on the house with OCWEN. A title company said the house was foreclosed on in 2015 in a... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Aug 18, 2017

The first thing to find out is whether the house really was foreclosed and to confirm the current owner. You may want to approach the current owner and inquire about renting/renting to own/buying the home if you are interested. The danger, of course, is you will be calling their attention to the... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Oregon on
Q: What's my primary residence?

I have a home that I lived in from 2009-2015. I retired in 2016, and bought a condo in a different part of the state, and have since rented out my home. I travel frequently - other parts of the state, overseas, family vacation home, and stay with family in other states. I'd say my breakdown of... Read more »

Joanne Reisman
Joanne Reisman
answered on Jun 14, 2017

According to this article you can rent your FHA insured home once you have lived in it as your primary residence for one year. http://homeguides.sfgate.com/can-rent-fha-loan-3231.html I honestly don't know how accurate this article is so you probably need to confirm this with a HUD loan... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Oregon on
Q: I bought a condo in cash about 110 miles away from my primary residence for work.

I want to keep my home as my primary residence and use my condo as a second residence, despite having to live there for work. I also want to rent my primary home without jeopardizing it's status. How do I do this?

Joanne Reisman
Joanne Reisman
answered on Jun 13, 2017

If you are asking about what qualifies as a primary residence when you go to sell the property so you don't have to pay capital gains taxes, you will need to ask your CPA. This is a tax question. My basic understanding is that you have to have lived in the property for two out of the last 5... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Oregon on
Q: my house is going back for back taxes, it also has a lein on it. Will the lein be paid off by the county?
Joanne Reisman
Joanne Reisman
answered on Apr 27, 2017

Since there are liens for different things and the answer may depend on the value of the house relative to any other secured creditors, judgment liens, or other liens, you should probably talk to a bankruptcy attorney and get their analysis of the situation. You don't have to file bankruptcy,... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Oregon on
Q: if a house gets taken for back taxes and has a lein on it also. does it get paid?

the house is otherwise paid off

Joanne Reisman
Joanne Reisman
answered on Apr 27, 2017

Since there are liens for different things and the answer may depend on the value of the house relative to any other secured creditors, judgment liens, or other liens, you should probably talk to a bankruptcy attorney and get their analysis of the situation. You don't have to file bankruptcy,... Read more »

1 Answer | Asked in Foreclosure for Oregon on
Q: do u still have to pay space lot if land is under forecloser??

I have lived in a rv park for almost a year since then our water has not been standard judgement after them for that our power gets turned off.. it's back on not because he paid it but another resident is on oxygen.. he has broken into my house he is shinning his lights in my window and now he... Read more »

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

While the property is in the foreclosure process, you still need to pay the landlord or property manager rent. However, given the circumstances you describe, you may have other claims against your property manager. You should talk to your own attorney before withholding rent. Generally, you should... Read more »

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