OR HB4204 | 2020 | 1st Special Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 17-0)
Status: Passed on July 7 2020 - 100% progression
Action: 2020-07-07 - Chapter 4, (2020 Laws): Effective date June 30, 2020.
Text: Latest bill text (Enrolled) [PDF]

Summary

Establishes temporary limitations on lenders being able to enforce default remedies on obligations secured by mortgages, trust deeds, land sale contracts or other instruments. Establishes temporary limitations on lenders being able to enforce default remedies on obligations secured by mortgages, trust deeds, land sale contracts or other instruments. Provides for certain exemptions. Requires lenders to defer payments if lender and borrower do not otherwise agree on loan mitigation, deferral or other foreclosure avoidance measure and permits borrower to pay deferred amounts at end of loan term. Provides that lender may adjust escrow impound payment and take into account deficiencies or shortages that result from deferring borrower's payments. Requires borrower to provide notice to lenders if borrower cannot make periodic installment payment. Specifies notice requirements for residential and commercial borrowers. Prohibits lenders from collecting various fees, penalties and charges during emergency period and from undertaking specified practices. Requires courts to dismiss foreclosure proceedings brought during emergency period without prejudice. Permits borrower that suffers ascertainable loss of money or property because lender took prohibited action to bring action for actual damages. Requires lender to provide written notice to borrower of borrower's rights for accommodation under Act. Declares emergency, effective on passage.

Tracking Information

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Title

Relating to strategies to protect Oregonians from the effects of the COVID-19 pandemic; and declaring an emergency.

Sponsors


Roll Calls

2020-06-26 - Senate - Senate Third Reading (Y: 19 N: 8 NV: 0 Abs: 3) [PASS]
2020-06-26 - House - House Third Reading (Y: 39 N: 18 NV: 0 Abs: 3) [PASS]
2020-06-25 - House - House Committee Do pass with amendments. (Printed A-Eng.) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-07-07HouseChapter 4, (2020 Laws): Effective date June 30, 2020.
2020-06-30HouseGovernor signed.
2020-06-30SenatePresident signed.
2020-06-29HouseSpeaker signed.
2020-06-26SenateVote explanation filed by Boquist.
2020-06-26SenateBaertschiger Jr, Burdick, Girod, Golden, Hass, Monnes Anderson, Thatcher, Wagner declared potential conflict of interest.
2020-06-26SenateRules suspended. Third reading. Carried by Beyer. Passed. Ayes, 19; Nays, 8--Baertschiger Jr, Boquist, Findley, Girod, Heard, Johnson, Thatcher, Thomsen; Excused, 3--Hansell, Linthicum, Olsen.
2020-06-26SenateRules Suspended. Second reading.
2020-06-26SenateRecommendation: Do pass the A-Eng. bill.
2020-06-26SenateReferred to The First Special Session of 2020.
2020-06-26SenateFirst reading. Referred to President's desk.
2020-06-26HouseVote explanation(s) filed by Lewis, Smith DB, Wilde.
2020-06-26HouseRules suspended. Third reading. Carried by Holvey. Passed. Ayes, 39; Nays, 18--Bonham, Boshart Davis, Breese-Iverson, Drazan, Leif, Lewis, Moore-Green, Nearman, Owens, Post, Reschke, Smith DB, Smith G, Sprenger, Stark, Wallan, Wilson, Zika; Excused, 3--Barker, Barreto, Clem.
2020-06-26HousePotential conflict(s) of interest declared by Hayden.
2020-06-26HouseSecond reading.
2020-06-26HouseRecommendation: Do pass with amendments and be printed A-Engrossed.
2020-06-25HousePublic Hearing and Work Session held.
2020-06-24HouseReferred to The First Special Session of 2020.
2020-06-24HouseFirst reading. Referred to Speaker's desk.

Oregon State Sources


Bill Comments

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