l9n/ Oregon

2013 Regular Session

House Bill 3389

Prohibits beneficiary from requiring as condition of short sale, except in certain circumstances, that nonprofit entity that purchases property in short sale, or that purchases note from beneficiary, enter into agreement with beneficiary or grantor that limits or bars grantor from owning or occupying residential property after short sale or sale of note.

Became law as Chapter 625, Oregon Laws 2013, signed July 19, 2013, 142 days after it was filed. In force from July 19, 2013.

What it does

The synopsis the Legislative Assembly published with the bill.

<i>Requires beneficiary under residential trust deed to request resolution conference with grantor for purposes of negotiating foreclosure avoidance measure, unless beneficiary is eligible to claim exemption from requirement. Specifies manner in which beneficiary must request resolution conference. Permits grantor to request resolution conference under certain circumstances.</i>] <i>Specifies documents that beneficiary and grantor must provide and specifies procedure for and duties of beneficiary and grantor with respect to resolution conference.</i>] <i>Requires beneficiary to obtain certificate of compliance after resolution conference in order to foreclose residential trust deed. Specifies conditions under which beneficiary may obtain certificate of compliance.</i>] <i>Changes name of Foreclosure Avoidance Mediation Fund to Foreclosure Avoidance Fund and continuously appropriates moneys in fund to Attorney General for purposes of paying service provider to coordinate program to implement provisions of Act and paying related expenses.</i>] <i>Requires beneficiary to send notice to grantor if beneficiary determines that grantor is not eligible for foreclosure avoidance measure or has not complied with terms of foreclosure avoidance measure.</i>] <i>Becomes operative 91 days after effective date of Act.</i>] <b>Prohibits beneficiary from requiring as condition of short sale, except in certain circumstances, that nonprofit entity that purchases property in short sale, or that purchases note from beneficiary, enter into agreement with beneficiary or grantor that limits or bars grantor from owning or occupying residential property after short sale or sale of note. Specifies that certificate of compliance required to foreclose trust deed must be valid and unexpired at time notice of default is recorded.</b> Declares emergency, effective on passage.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the House of Representatives

21 co-sponsors

Jules Bailey, Phil Barnhart, Deborah Boone, Peter Buckley, Michael Dembrow, Margaret Doherty, Lew Frederick, Joe Gallegos, Sara Gelser Blouin, David Gomberg, Chris Gorsek, Mitch Greenlick, Val Hoyle, Alissa Keny-Guyer, Betty Komp, John Lively, Nancy Nathanson, Carolyn Tomei, Ben Unger, Brad Witt, Kim Thatcher

Its course

February 27 to July 19, 2013, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action21 actions on 17 days

In the House of RepresentativesFeb 27 to Jun 19112 days

Waiting for a committeeFeb 27 to Mar 67 days

Consumer Protection and Government EfficiencyMar 6 to Apr 2247 days

RulesApr 22 to Jun 1453 days

In the SenateJun 19 to Jun 289 days

Waiting for a committeeJun 19 to Jun 212 days

RulesJun 21 to Jun 276 days

With the GovernorJun 28 to Jul 1921 days

Votes

Yeas to nays, as the Legislative Assembly recorded them. Committee votes are set in.

  • House of Representatives, third reading58–0

    Passed · Jun 19 · 2 present

  • Senate, third reading29–0

    Passed · Jun 28 · 1 present

Amendments

Each amendment offered, and what became of it.

  • House of Representatives committee amendmentAdopted

    Adopted Jun 14

Text

Each version as the Legislative Assembly printed it.

l9n doesn't hold this bill's text yet.

What happened

In l9n's words, one line for each step. Every action as the Legislative Assembly published it is below.

In the House of Representatives Feb 27 – Jun 19

  1. Feb 27Introduced
  2. Mar 6Sent to Consumer Protection and Government Efficiency
  3. Apr 18Heard in Consumer Protection and Government Efficiency
  4. Apr 22Consumer Protection and Government Efficiency reported it without a recommendation, and that it go to Rules
  5. Sent to Rules
  6. Jun 6Heard in Rules
  7. Jun 12Heard in Rules
  8. Jun 14Rules recommended it as amended
  9. Jun 17Read a second time
  10. Jun 19Passed the House of Representatives, 58 to 0

In the Senate Jun 20 – Jun 28

  1. Jun 20Arrived in the Senate
  2. Jun 21Sent to Rules
  3. Jun 24Heard in Rules
  4. Jun 27Rules recommended it
  5. Read a second time
  6. Jun 28Passed the Senate, 29 to 0

To the Governor Jul 2 – Jul 19

  1. Jul 2Signed in the House of Representatives
  2. Signed in the Senate
  3. Jul 19Signed by the Governor
  4. Became chapter 625 of Oregon Laws 2013, in force from July 19, 2013
All 21 actions, as published
  1. Feb 27First reading. Referred to Speaker's desk.House of Representatives
  2. Mar 6Referred to Consumer Protection and Government Efficiency.House of Representatives
  3. Apr 18Public Hearing and Work Session held.House of Representatives
  4. Apr 22Without recommendation as to passage and be referred to Rules.House of Representatives
  5. Apr 22Referred to Rules by order of Speaker.House of Representatives
  6. Jun 6Public Hearing held.House of Representatives
  7. Jun 12Work Session held.House of Representatives
  8. Jun 14Recommendation: Do pass with amendments and be printed A-Engrossed.House of Representatives
  9. Jun 17Second reading.House of Representatives
  10. Jun 18Rules suspended. Carried over to June 19, 2013 Calendar.House of Representatives
  11. Jun 19Third reading. Carried by Conger. Passed.House of Representatives
  12. Jun 20First reading. Referred to President's desk.Senate
  13. Jun 21Referred to Rules.Senate
  14. Jun 24Public Hearing and Work Session held.Senate
  15. Jun 27Recommendation: Do pass the A-Eng. bill.Senate
  16. Jun 27Second reading.Senate
  17. Jun 28Third reading. Carried by Beyer. Passed.Senate
  18. Jul 2Speaker signed.House of Representatives
  19. Jul 2President signed.Senate
  20. Jul 19Governor signed.House of Representatives
  21. Jul 19Chapter 625, (2013 Laws): Effective date July 19, 2013.House of Representatives