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Oregon Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Oregon on
Q: Why would bankruptcy be a benefit for the question related to accelerated loan foreclosure in oregon.
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 10, 2023

Because the likelihood is that if you don't have funds to immediately reinstate the loan you are not going to get anywhere with the lender and you will have to file a chapter 13 to stop the foreclosure and give you 60 months to pay back the amount that you are behind on the mortgage. People... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for Oregon on
Q: I am looking into getting stuff together, like a POA, Trust, Will for my 81 year old mother. Also looking to defer taxes

My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.

Theressa Hollis
Theressa Hollis
answered on Jun 30, 2023

Go to this website and follow the steps to help your mother defer her Oregon property taxes:

https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx

If your mother lives in Multnomah County she may be eligible for free legal...
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2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Probate for Oregon on
Q: Is my mother's probate attorney supposed to give me an itemized list of expenses?

Can I ask him for a list?

Theressa Hollis
Theressa Hollis
answered on Oct 22, 2024

Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.

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1 Answer | Asked in Foreclosure for Oregon on
Q: Is a accelerated loan foreclosure allowed in oregon, my mortgage company is not assisting with any kind of help,

My loan Is a 30 yr for @$250,000 in 2007, it was payed down to $44,000 by 2019, as it stands is I owe @$22,000, and have missed the last 6 payments, also the market property value is above $600,000, on two tax lots with condo development on the adjoining lots behind our property. I believe they are... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 10, 2023

Ultimately a Chapter 13 bankruptcy is the tool to stop the foreclosure. I would suggest contacting Michael O'Brien in Portland. Doesn't really matter what town you are in. He may be able to help short of filing a Chapter 13 as well.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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,... View More

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