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Financial Services Law Insights and Observations

Oregon enacts bill providing payment deferrals and foreclosure relief

State Issues Covid-19 Oregon Mortgages Foreclosure Mortgage Lenders

State Issues

On June 30, the Oregon governor signed HB 4204, which requires mortgage payment deferrals and limits foreclosures during the Covid-19 emergency period, which runs from March 8 until September 30. Among other things, during that period, a lender may not treat as a default a borrower’s failure to make a periodic installment payment or to pay any other amount that is due to the lender if, at any time during the emergency period, the borrower notifies the lender of his or her inability to make the periodic installment payment. Unless the lender and borrower do not otherwise agree to otherwise modify, defer, or mitigate a loan, the lender must refrain from collecting during the emergency period and must permit the borrower to pay the amounts deferred at the end of the mortgage term. The bill also imposes certain restrictions on a lender’s ability to assess late fees and to pursue a foreclosure. The bill became effective on June 30.