TRUST DEED FORECLOSURE - Professional Liability Fund

D. 2. Exemption Affidavit (if exempt from mediation requirement), and no affidavit previouslyrecorded with county). 3. Notice of default and election to sell (specify the amount of the late charge, amount ofany payment advanced, and the total amount due).Send copies to client.Step 5: Trustee's Notice of Sale(Note: The Notice of Sale must be served on all parties no less than 120 days prior to the date ofsale. Service is made personally on all occupants of the property in accordance with ORCP7(D)(2) and 7(D)(3) and by mail to all other interested parties. ORS 86.750 could be read torequire service only on one occupant. The safer practice is to serve one occupant and follow upwith substituted service on all the other occupants.) A. B. C.Prepare Trustee's Notice of Sale (SN 885) based on information in notice of default and electionto sell. Prepare the Notice to Grantor required by ORS 86.737 if the trust deed is a residentialtrust deed (see form attached as Sample 24) (the "2008 Notice"). (The Loan ModificationRequest Form, formerly Sample 25 in this packet, is no longer required.) Special Note: Thestatute requires that except in limited circumstances the Trustee must maintain a toll-freetelephone number that will allow the grantor access during regular business hours todetails regarding the loan delinquency and repayment information or person-to-personconsultation. ORS 86.737(3)(b).Compare parties named in Schedule "B" against parties named on First Supplemental Trustee'sSale Guarantee. If additional parties are named in the supplemental, check conflicts, add partiesto Notice of Sale and serve or mail copies of Notice of Sale to parties.Serve Trustee's Notice of Sale and Notice of Default and Notice. 130 DAYS BEFORE SALE 1. Prepare a file sheet (see checklist) listing the persons and agencies to be served: a. Grantor; b. All grantor's successors in interest, if any (Note: This includes successor ofrecord or whose interest trustee or beneficiary has actual notice of); c. Parties listed as junior lien holders; d. Person(s) requesting notice in writing; e. Department of Revenue, if lien holder of record; f. State agency holding lien of record, if any; g. State agency or other person holding lien of which beneficiary has actual notice; h. Any lessees. 2. Confirm addresses (and spellings of street names and individuals) by contacting thefollowing: a. b. c. d. e. f.Individual: Division of Motor Vehicles (note charge).Corporation: Corporation Division for registered agent and date of incorporation(check if corporation dissolved and if dissolution was voluntary). Online atwww.sos.state.or.us/corporation/bizreg/index.html.Partnership or Other Business: Corporation Division (check assumed names).Bank: Oregon – Division of Finance & Corporate Securities, 1-866-814-9710 orwww.cbs.state.or.us/external/dfcs/banking/regagent.htm; National – Comptrollerof the Currency 1-800-613-6743 or www.occ.treas.gov.Government Agency: Contact agency for person to serve. Review statute toconfirm correct person to serve. See OSB CLE Foreclosing Security Interests,Chapter 6, § 6.32 which discusses statutes relating to service on governmententities. If the title report discloses an IRS lien, check the current procedure fornotifying the IRS.Conservatorship: Call court for name of conservator and status.Page 3 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

D. E. 3. Serve Trustee's Notice of Sale and Notice to Grantor. a. Mail certified true copies of Trustee's Notice of Sale and Notice to Grantor bycertified mail, return receipt requested, and regular mail to all parties listed(staple receipts to list in file). The notice served by mail is effective when mailed.ORS 86.740(2)(2011 ed.) [SET 21 DAY TICKLE] 1) Prepare and execute Affidavit of Mailing showing service on grantor,successor, junior lienholders, and persons requesting notice, includingDepartment of Revenue or other state agency, (SN 1169). If Federal taxliens, use SN 932. See ORS 86.740(1). An Affidavit showing compliancewith the provisions of ORS 86.737 regarding notice to the Grantor andcompliance with the requirements of ORS 86.750 (3) and (4) ThisAffidavit should be signed by the beneficiary or the beneficiary's agent. b. Attach Fair Debt Collection Practices Act Notice if the demand letter was not sentby the attorney (e.g., the client sent it). In consumer cases, an FDCPA noticeshould be attached to the Notice of Sale that is mailed and served. (sample 6). c. Personal service of Trustee's Notice of Sale on Occupant. ORS 86.750(1)Special Note: If the Trustee has actual knowledge that the grantor is notthe occupant of the residential real property, the Trustee shall also give the2008 Notice to the occupant of the property by both first class and certifiedmail with return receipt requested. 1) If property is not occupied, prepare Trustee's Affidavit of Non-Occupancyas of date of recording Notice of Default. 2) If property is occupied: a) Prepare Proof of Service of Trustee's Notice of Sale UponOccupant. b) Send letter to sheriff or letter to process server with Proof ofService of Trustee’s Notice of Sale Upon Occupant (sample 7)(enclose original Notice, 4 certified copies and highlight last dateof service on the instructions). [SET TICKLER 3 DAYS] 3) Note date of service 4) If service is by substituted service: a) Prepare Notice of Substituted Service (SN 1149) and send withtrue copy of Notice of Sale by certified and regular mail. 5) If property is vacant, have server prepare affidavit of non-occupancy.[SET TICKLER 10 DAYS] 6) Be sure substituted service to occupant is mailed at least 120 daysbefore sale date.Send status report to client and mail Trustee's Notice of Sale to client.120 DAYS PRIOR TO SALE, check to be sure all parties are served and that file containsAffidavits of Service and substituted service.Step 6: Publication of Trustee's Notice of Sale ORS 86.750(2) A.80 DAYS BEFORE SALE, send letter to newspaper for publication of Trustee's Notice of Saleonce each week for four consecutive weeks (sample 8). Notice of Default and Election to Selland Appointment of Successor Trustee must have been recorded. Request tear sheets. 1. Enclose true copy of Notice of Sale (SN 885). 2. Note: Publication must be in newspapers of general circulation in county in which land issituated. Check for newspaper of general circulation in county where land is situated.www.orenews.com/web/members. 3. Note: The last publication must be completed at least 20 days prior to sale. [SET 20DAY TICKLE for receipt of Affidavit of Publication] 4. Note date Affidavit of Publication is received. Proofread the first published Notice of Saleagainst the notice sent to the newspaper.Page 4 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

B. C. 9. Affidavit of Compliance stating beneficiary has complied with requirements forbeneficiary’s notice of determination. A copy of this Affidavit must be mailed to theOregon Dept. of Justice at least 20 days before sale. SB1552, §4a. 3[SET 10 DAY TICKLE to make sure title company acknowledges recording.] Check to make suresale date is calendared. Conform file copy with date documents are recorded.[SET 5 DAY TICKLE for receipt of recorded documents.]Step 10: Prepare for Sale A. B. C. D. E. F.20 DAYS PRIOR TO SALE, make all preparations for sale. 1. Prepare script, leaving amount blank (sample 14). Include both street address and legaldescription of property. 2. Prepare Trustee's Deed (SN 1175) leaving grantee and amount blank (check each item,especially grantor and legal description). 3. Copy and assemble original recorded documents (recording dates must show on copies)and place originals in folder to be forwarded to beneficiary. 4. Check recording dates: a. Notice of Default recorded 120 days before date of sale? b. Was service completed 120 days before sale? c. Is recording complete? d. Federal tax lien check complete? e. Sale date on attorney calendar? 5. Compute fees and expenses and prepare Bid Statement (samples 15, 16). Get currentcosts from bookkeeper and pre-bills. Show beneficiary and attorney expensesseparately. Include copying telephone and postage costs (do not overlook costs incurredafter sale). Include recording costs for Trustee's Deed if paid by attorney. 6. Confirm copy of Affidavit of Compliance mailed to DOJ.At least 14 days prior to sale, confirm that written statements of information under ORS 86.757(i) havebeen provided not later than 15 days before the date of sale to any of the following parties entitled torequest such a statement: the grantor, an occupant, a holder of a junior lien or any person interestedin bidding at the sale. The information should be provided by a method calculated to establish proof ofdelivery at least 7 days before the date of sale, e.g. certified mail, return receipt requested.Contact client regarding sale. 1. Confirm that default has not been cured. 2. Conduct DMDC Military Verification Website (www.dmdc.osd.mil/appj/scra/scraHome.do)search to determine if grantor(s) are on active military duty. Prepare Certificate of Non-Military Service (sample 16a) and forward to client with instructions to sign after trustee'ssale has been completed. Include screenshot of the status report for the name submitted.[Servicemembers Civil relief Act; 50 USC App §501-596] 3. Request bid instructions in writing (if not already received). Must be received prior tosale. (Call 10 days before sale to confirm bid instructions. Make certain that costs ofSale Guarantee and publication have been included and note date and person you spokewith on computation sheet.) 4. Enclose amount due on sale. 5. Enclose copy of script for beneficiaries' bid.If Sale is out of the local area, send script, bid statement and Trustee's Notice of Sale to attorneywho will conduct sale (sample 17). If bid instruction incomplete, send documents with blanks andinform the attorney by telephone when instructions are received. [TICKLE 10 DAYS]Call Bankruptcy Court to see if bankruptcy of grantor has been filed during pendency offoreclosure. If so, advise client and determine how to proceed in bankruptcy action.Last day to cure is 5 days before sale. [SET TICKLE][SET TICKLE FOR TWO DAYS. Call client TWO DAYS BEFORE SALE to confirm bid amount and thatsomeone will be in attendance at sale.]3 The beneficiary must record the Affidavit of Compliance at least 20 days before sale in addition torecording the Certificate of Compliance before beginning foreclosure.Page 6 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

Step 11: Conduct or Postpone Sale A. Conduct sale. 1. Read script and accept highest bid for cash. ORS 86.755(1) 4 2. Notify client by telephone that sale was conducted and outcome of sale. B. Postpone sale. 1. Beginning July 11, 2012, a postponement must be announced at the time, date and placeof the sale and in most cases it must also be noticed by personal service on all partieswho were given notice of the sale. Service must occur at least 15 days before the newsale date. No service is required for a single postponement for not more than twocalendar days made by announcement. SB1552 §9, 10. In the event of a bankruptcyfiling, the sale must be postponed or rescinded, again by personal appearance at thetime and place set for sale. Unless the beneficiary has participated in obtaining a stay,after release from stay the foreclosure proceedings shall continue as if uninterrupted ifwithin 30 days after release the trustee sends amended notice of sale by registered orcertified mail to the last known address of persons listed in ORS 86.740 and 86.750 (1),and to the address provided by each person who was present at the time and place setfor the sale that was stayed, and to the address provided by each member of the Bar whorequests it and meets the requirements of 2009 HB 3004(5)(b) or by posting a true copyor a link to a true copy of the amended notice of sale on the trustee's internet website. Anew 20 day notice will have to be mailed before the sale is actually conducted. Mail 20day notice within 30 days of relief by certified and regular mail. (samples 18, 19, and 20) 2. Calendar new sale date: 3. SET TICKLE FOR 30, 10, AND 2 DAYS BEFORE NEW SALE DATE. 4. SET TICKLE FOR 150 DAYS AFTER POSTPONED SALE DATE to be sure sale isconducted within 180 day period. C. Request Third Supplemental Trustee's Sale Guarantee if sale is postponed to determine whethernew federal tax liens have been filed between old and new sale date. (Follow Step 7) D. Reinstatement. If loan is to be reinstated send Reinstatement and Payoff letters (samples 21,22). If sale did not take place because the loan was reinstated, prepare and record a rescissionof notice of default. SN 886.[SET 10 DAY TICKLE FROM SALE DATE].Step 12: Post-Sale A. 10 DAYS POST-SALE, Trustee must execute and deliver Trustee's Deed to purchaser within 10days following sale. ORS 86.755(3). B. Prepare Trustee's Deed (SN 1175). Record the Trustee's Deed as soon as possible to preventany argument about the intervention of a bankruptcy stay. Determine whether title company willrequire certificate of nonmilitary service as condition of issuing policy. If so, deliver original to titlecompany for recording. [SET 10 DAY TICKLE] C. Send letter to title company requesting an owner's policy of title insurance if desired bybeneficiary, recordation of Trustee's Deed, and affidavit of nonmilitary service. [SET 7 DAYTICKLE] D. If another bid exceeded client's bid: 1. See ORS 86.765. Disposition of proceeds. 2. Pay amount due to beneficiary, if required; 3. Pay subordinate lien holders by priority if all are in agreement. Otherwise, fileinterpleader and let the court decide. 4. Pay surplus, if any, to grantor. E. 11 DAYS POST-SALE, eviction of tenants.Call client to determine if tenant has moved. If tenant moved, note in file. If tenant has notmoved as of sale date and the client wants the tenant out, proceed with eviction proceedings.ORS 86.755(5) and ORS Chapter 90.4 Note: You may only postpone sale one time for no more than 2 days. If sale has not been postponedpreviously, consider postponement to verify funds.Page 7 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

Step 13: Closing File A. Letter to client (sample 23) 1. Enclose all original recorded documents. 2. Enclose statement for services and costs. B. Cancel Note and Trust Deed Cancel original trust deed and note or complete affidavit andindemnification if beneficiary has not submitted the original trust deed and note (prevent resale ofdocuments) C. Close file.If you have any suggestions for improving this outline, please contact the Director of Personal andPractice Management Assistance at the Professional Liability Fund, (503) 639-6911 or (800) 452-1639.Page 8 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 1 - LETTER TO CLIENT (step 1)[Date][Client]Re:[Matter][Client Name]This will acknowledge that we have received from you your file in the above-captionedmatter for non-judicial foreclosure.I have ordered the appropriate foreclosure report from the title company and willproceed as soon as we review that report. I understand that you wish the policy limits tobe in the amount of the outstanding principal since you will order an owner's policy, ifnecessary, after sale in the amount of the property's fair market value. Please advise ifmy understanding is incorrect.Very truly yours,Page 9 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 2 - LETTER TO TITLE COMPANY (step 1)[Date][Title Company]Re:[Matter]Enclosed is a copy of an original trust deed [a copy of Schedule "A" of PolicyNo. .] I have been retained to complete a non-judicial foreclosure of this trustdeed. The unpaid principal balance is $[amount]. Please forward me your Trustee'sSale Guarantee indicating [beneficiary] as insured party.Please search for all liens (including city liens, if appropriate) and provide me withcopies of all encumbrances.Very truly yours,EnclosurePage 10 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 3 - 30-DAY DEMAND LETTER (step 2)[Date]CERTIFIED MAILRETURN RECEIPT REQUESTED[Name and Address]Re:[Insert appropriate information]Dear [Name]:This firm represents [insert client name(s)] (["creditor"]). The [creditor] has requested this firm'sassistance in enforcing the terms of your loan agreement. The [creditor's] records indicate that you are indefault under the terms of the loan agreement. To bring your loan balance current, you must pay to the[creditor], on or before [date], the sum of $[amount], as itemized below:1. Payments: $ [amount]2. Late Charges: $ [amount]3. Taxes & Insurance: $ [amount]4. Foreclosure Guarantee: $ [amount]5. Attorney Fees: $ [amount]Total:$ [amount]If the default described above is not cured on or before [date], then the [creditor] will accelerate thebalance due without further notice to you and may invoke its power of sale. If you fail to cure the currentdefault immediately, on [date], the balance due will be approximately $[amount]. This amount is inaddition to the foreclosure guarantee and attorney fees set forth above, as well as interest whichcontinues to accrue in accordance with the loan agreement, and additional attorney fees and costs.[IF LOAN DOCUMENTS REQUIRE IT, INCLUDE THIS PARAGRAPH: As provided by the terms of yourloan agreement, you may have the right to reinstate your loan with the [creditor] after acceleration andyou have the right to bring a court action to assert the non-existence of a default or any other defense youmay have to acceleration and sale.][FOR CONSUMER CASES ONLY]This communication is an attempt to collect a debt. Any information obtained will be used for thatpurpose. Unless you notify us within 30 days after receiving this letter that you dispute the validity of thedebt, or any portion of it, we will assume the debt is valid. If you notify us, in writing, within 30 days afterreceipt of this letter that you do dispute the debt or any portion of it, we will provide verification by mailingyou a copy of the records. If you so request, in writing, within 30 days after receipt of this notice, we willprovide you with the name and address of the original creditor if different from the current creditor.Please give this matter your immediate attention.Very truly yours,[Lawyer's Name]cc:[client name(s)](Attn: [name])[First Class Mail]Page 11 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 4 – DEFAULT LANGUAGE (step 4)I.Monthly principal and interest installments of $[amount] each beginning [date], untilpaid, plus monthly escrow installments of $[amount] each beginning [date], until paid;accrued late charges in the amount of $[accrued late charges] as of [date], plus monthlylate charges of $[monthly late charges] each beginning [date], until paid; delinquentproperty taxes, if any; cost of foreclosure report; attorney's fees; together with any othersums due or that may become due under the Note or by reason of this foreclosure andany further advances made by Beneficiary as allowed by the Note and Deed of Trust.II.The principal sum of $[principal sum] with interest on the principal balance at the rate of[percent] percent per annum, from [date], until paid; accrued late charges in the amountof $[accrued late charges] as of [date], plus monthly late charges of $[monthly latecharges] each beginning [date], until paid; escrow advances in the amount of $[escrowadvances]; prepayment premium, if applicable; cost of foreclosure report; attorney'sfees, trustee's fees, together with any other sums due or that may become due underthe Note or by reason of this foreclosure and any further advances made by Beneficiaryas allowed by the Note and Deed of Trust.Page 12 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 5 - LETTER TO TITLE COMPANY (step 4)[Date][Title Company]Re:[Matter][Title Company Name]:Enclosed are the following documents:1. Appointment of Successor Trustee2. Notice of Default and Election to SellPlease record these documents as soon as possible in the order listed and forward tome a supplemental foreclosure report which includes the recording of these documents.After recording, please call my office and let us know the date of recording and therecording numbers. Please have the recorder return the recorded documents directly tome.Very truly yours,Encs.cc:[Client] (include copies)Page 13 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 6 – NOTICE REQUIRED BY THEFAIR DEBT COLLECTION PRACTICES ACT, 15 USC SECTION 1692 (step 5)1. The amount of the debt is stated in the Trustee's Notice of Sale attached hereto.2. The beneficiary named in the attached Trustee's Notice of Sale is the creditor towhom the debt is owed.3. The debt described in the Trustee's Notice of Sale attached hereto will beassumed to be valid by the trustee unless the debtor, within thirty (30) days afterthe receipt of this notice, disputes the validity of the debt or some portion thereof.4. If the debtor notifies the trustee in writing within thirty (30) days of receipt of thisnotice that the debt or any portion thereof is disputed, the trustee will provideverification of the debt, and a copy of the verification will be mailed to the debtorby the trustee.5. If the creditor named as beneficiary in the attached Trustee's Notice of Sale is notthe original creditor, and if the debtor makes a written request to the trusteewithin the thirty (30) days from the receipt of this notice, the name and address ofthe original creditor will be mailed to the debtor by the trustee.6. Written requests or objections should be addressed to:[Name of Attorney][Address]7. This communication is an attempt to collect a debt, and any information obtainedwill be used for that purpose.ATTACHMENT:Trustee's Notice of SalePage 14 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 7 - LETTER TO SHERIFF (step 5)[Date][Sheriff or Process Server]Re:[Matter]LAST DAY TO EFFECT SERVICE: [Date]Dear [Name]:Enclosed are one original and four certified true copies of the Trustee's Notice of Sale inthe above matter. Please serve the resident(s) of the following address:[Property Address]If you cannot effect personal service on the resident(s) of the property on the firstattempt, you should post a copy of the Trustee's Notice of Sale in a conspicuous placeon the property on the date of the first attempt. You should make a second attempt toeffect service on a day that is at least two days after the first attempt.If personal service cannot be effected on the resident(s) on the second attempt, youshould post a copy of the Trustee's Notice of Sale in a conspicuous place on theproperty on the date of the second attempt. You should make a third attempt to effectservice on a day that is at least two days after the second attempt.If personal service cannot be effected on the resident(s) on the third attempt, you shouldmail a copy of the Trustee's Notice of Sale, bearing the word "occupant" as theaddressee, to the property address by first class mail with postage prepaid.Please confirm that the property address is a single address and has no otheraddresses such as an apartment complex or a multi-tenant shopping center. If theproperty has multiple addresses, please note all addresses you find.Please make your Return of Service to my office and identify the resident(s) served byname. Indicate any substituted service by calling our office collect and giving us thedate and time of service and the person served. Please confirm that the person youserve is a resident of the home and not only at the address temporarily. If you areunable to effect personal service and effected service by posting on the property, pleaseprovide us with an Affidavit of Service Attempts and Posting.Please call us if you encounter any difficulties.Page 15 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

Our check payable to your order in the appropriate amount is enclosed.Thank you.Very truly yours,Encs.Note to Attorneys: Although ORS 86.750(1) uses the word "occupant", the statute alsorefers to ORCP 7 D(2) and ORCP 7 D(3). ORCP 7 D(2)(b) requires service on a personover 14 years of age who resides at the dwelling house. See also Option OneMortgage Corp. v. Wall 159 Or App 354 (1999).Page 16 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 8 - LETTER TO NEWSPAPER (step 6)[Date][Newspaper]Re:[Matter]We enclose a true copy of the Trustee's Notice of Sale in the above matter. Pleasepublish this notice once a week for four consecutive weeks in your newspaper. Pleasebegin publication on or before [insert date] and complete publication before [insert date].Please send me the tear sheet from the first publication for review.When publication is complete, please forward your bill and affidavit of publication to me.Very truly yours,Enc.Page 17 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 9 - LETTER TO ATTORNEY CONDUCTING SALE (step 6)[Date][Attorney]Re:Trust Deed Foreclosure[Beneficiary/Grantor]Date of Sale:Time of Sale:Place of Sale:Dear [Name]:Thank you for agreeing to conduct the trustee's sale in this foreclosure for me for a feeof $[amount]. This amount includes your fee to conduct the sale, telephone meimmediately afterward with the results, and to mail me a confirming letter.Please note the above time, date, and place on your calendar. Shortly before the sale, Iwill mail a script for you to read in conducting the sale, a bid statement showing how wecomputed the bid you will enter on behalf of the beneficiary, and a copy of the Trustee'sNotice of Sale.If anyone else bids at the sale, it must be for cash or certified funds in an amountgreater than our bid statement. You must send me those funds in time for me to sendthe purchaser my Trustee's Deed within ten (10) days of the sale. This is covered in thematerial I will send you before the sale.Very truly yours,Page 18 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 10 - LETTER TO TITLE COMPANY (step 7)[Date][Title Company]Re:[Matter][Insert Name]:Please send me a supplemental title report setting forth any change in the status of thetitle (including any Federal tax liens filed). The report should be as of [30 days beforedate of sale].[Insert if applicable] In addition, please name [name] as an additional insured.If there are Federal tax liens filed, please call my office immediately and leave thisinformation.Very truly yours,cc:[Beneficiary]Page 19 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 11 - LETTER TO NON-GRANTOR OCCUPANT (step 8)[Date]FIRST CLASS MAIL ONLYRe:Notice of Intent to Remove Tenants Following ForeclosureOur File No. [File No.]Dear [Name]:[Name of person initiating foreclosure] has initiated a non-judicial foreclosure of a trustdeed against the property in which you now reside. You were served with a copy of theTrustee’s Notice of Sale on or about [date], or alternatively, or your tenancy in theproperty was created after [date], the date the Notice of Default and Election to Sell wasrecorded.This letter is notice to you pursuant to ORS 86.755(5) that the party who purchases theproperty at the trustee’s sale, now set to occur on [date], intends to remove you frompossession of the property under the procedures set in ORS 105.105 to 105.165.This communication is an attempt to collect a debt, and any information obtained will beused for that purpose.If you have any questions regarding this notice, you should consult with legal counsel.Very truly yours,cc:[client]Page 20 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 12 - AFFIDAVIT RE MAILING NOTICE OF INTENTTO REMOVE TENANTS (step 8)AFFIDAVIT OF MAILING NOTICE OF INTENT TOREMOVE TENANTS FOLLOWING FORECLOSURESTATE OF OREGON )) ss.County of [Name of County] )I, [secretary’s name], being first duly sworn, depose and say:1. I am a secretary in the firm of [name of firm] and make this affidavit of myown personal knowledge.2. On [date], I prepared and caused to be mailed the attached Notice ofIntent to Remove Tenants from property then being foreclosed pursuant to ORS 86.705et seq. The Notice was mailed on the date shown thereon by first class mail to theaddress(es).name].SIGNED AND SWORN to before me this [day] day of [month], by [affiant’sNotary Public for the State of OregonMy Commission Expires:Page 21 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 13 - LETTER TO TITLE COMPANY (step 9)[Date][Title Company]Re:[Matter][Name]:Enclosed are the following documents for recording: Trustee’s Notice of Sale; Affidavitof Mailing Notice of Sale; Proof of Service [or Affidavit of Service Attempts and Posting];Affidavit of Publication; Affidavit of Compliance; [list any other documents i.e., Affidavitof Non-Occupancy]. Please record these documents immediately if no change appearsin the status of the record as previously disclosed in your foreclosure guarantee. If anychange appears of record, do not record, but call me immediately instead.After recording, please have all documents returned to my office with your final billing.Please call my office and let us know the date you record and the costs for recording.Very truly yours,Encs.cc:[client]Page 22 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 15 - BID COMPUTATION FORM - TRUSTEE’S SALE (step 10)PRINCIPALINTEREST ON OBLIGATIONLATE CHARGESTAXES ADVANCEDRESERVE BALANCETITLE EXPENSERECORDING FEESSERVICE FEESPUBLICATION EXPENSEPOSTAGEPHOTOCOPY EXPENSELONG DISTANCE TELEPHONE CALLSMILEAGE EXPENSEDMV INQUIRIESTRUSTEE SALE GUARANTEETRUSTEE’S FEEATTORNEY FEESOTHER (Specify)Page 24 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 17 - LETTER TO ATTORNEY CONDUCTING SALE (step 10)[Date][Attorney]Re:Trust Deed Foreclosure[Beneficiary/Grantor]Date of Sale:Time of Sale:Place of Sale:Dear [Name]:Here are the following documents for your use in conducting the above-referencedtrustee’s sale:1. A script for you to read.2. A copy of the bid statement & bid computation form showing how thebeneficiary’s bid was computed.3. A copy of the Trustee’s Notice of Sale.Immediately following the sale, please inform me by telephone of the result. Thenfollow up with a brief confirming letter to me. Please enclose the signed and dated BidScript.Thank you.Very truly yours,Encs.Page 28 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 19 – SCRIPT FOR NOTICE OFBANKRUPTCY FILING (step 11)Grantor [Grantor’s Name] declared bankruptcy on [date]. Accordingly, this foreclosure isstayed. Pursuant to ORS 86.755(6), the trustee declares the bankruptcy stay operates tosuspend this sale, and that no further setovers will take place. In the event that this property isreleased from the bankruptcy, the trustee will, within thirty days after that release, give amendednotice of sale by certified and first class mail to the last known addresses of those persons listedin ORS 86.740 and 86.750(1), and to any address provided by any person present here andnow, unless a true copy of the amended notice of sale is posted on the trustee's internetwebsite. The amended notice of sale will be given at least 20 days prior to the amended date ofthis sale. It will set a new date of the sale and specify the time and place for the sale andotherwise conform to the requirements of ORS 86.745.YOU SHOULD OBTAIN THE NAME AND ADDRESS OF EACH PERSON WHO APPEAREDAND WITNESSED THE ANNOUNCEMENT OF THE SETOVERPage 30 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 20 – TRUSTEE’S SETOVER (step 11)Re:[Beneficiary Name] / [Grantor Name]The Trustee’s sale is now set for [time] on [date], at the [Name of County] CountyCourthouse. Please appear at this time and place and postpone the Trustee’s sale toindefinitely, as the Grantor filed a Chapter __ bankruptcy petition on [date].[Name of Attorney]I appeared at the above time and place and set over the Trustee's sale as directedabove. Names and addresses of parties who appeared and witnessed theannouncement of the set over:[Name][Name][Name][Name][Address][Address][Address][Address]*OR*No one appeared to witness the announcement of the set over.[Name of Attorney]Page 31 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 21 - REINSTATEMENT LETTER (step 11)[Date][Grantor]Re:[Matter] [Loan No.]Dear [Name]:Our client, [name], is willing to allow reinstatement of the above loan if the following conditions are met:1. You must pay the entire delinquency plus foreclosure costs in full at the time ofreinstatement; and2. You must pay all future payments under the above loan to [client] on or before the datedue.The amount necessary to reinstate the loan as of the date of this letter is $[amount] and is computed asfollows:[number] monthly installments of $[amount] each (includes payments duethrough [date])[number] late charges of $[amount] each (includes late charge due for[date] payment)Service feePublication feePremium for foreclosure title reportPhotocopy expenseLong distance telephone expenseAnticipated cost to record Notice of RescissionAttorney feesTOTAL $The above amount must be paid to the beneficiary in cash, or by money order, cashier check, certifiedcheck, or other form of certified funds. The amount set out above is good through and including [date].[Client] has instructed us to continue with the foreclosure proceedings until you have paid the amountnecessary to reinstate the loan. [Client] will be incurring additional costs in connection with continuing theforeclosure proceedings and those additional amounts must also be paid on reinstatement. Finally, anadditional monthly installment of $[amount] must be paid if reinstatement is made after [date] and anadditional late charge of $[amount] must be paid if reinstatement is made after [date]. Therefore, whenyou have the approximate amount available to reinstate the loan, please call or write us, and we will giveyou the exact amount necessary to reinstate the loan as of that date. If reinstatement is not made within20 days of the date of this letter, [client]'s consent to reinstatement will be withdrawn. If you have anyquestions, please call or write us.Very truly yours,cc: [Client]$Page 32 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 22 - PAY OFF LETTER (step 11)[Date][Name/Address]Re:[Matter]Dear [Name]:We represent [client]. We are writing this letter to you in accordance with the request of [name].The amount necessary to pay off the loan as of the date of this letter is $[amount], which is computed asfollows:Unpaid principal balance $Interest at [percent]% from [date] to [date]Late chargesReserve balanceService feePublication feePremium for foreclosure title reportPhotocopy expensePostageFee for recording ReconveyanceAttorney feesTOTAL $In addition to the above, interest accrues at the rate of $[amount] per day for each day after [date]. Theabove amount must be paid in cash, or by money order, cashier check, certified check, or other form ofcertified funds. Please make your check payable to [name of law firm] and send it to us at the aboveaddress.[Client] has instructed us to continue with the foreclosure proceedings until you have paid the amountnecessary to pay the loan in full. [Client] will be incurring additional costs and attorney fees in connectionwith continuing the foreclosure proceedings and those additional amounts will be added to the amountnecessary to pay off the loan. When you have the approximate amount available to pay off the loan,please call or write us, and we will give you the exact amount necessary to pay off the loan as of thatdate.When we receive the above amount, we will prepare and send you a Deed of Reconveyance.If you have any questions, please call or write us.Very truly yours,cc:[Client]Page 33 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 23 - LETTER TO CLIENT (step 13)[Date][Client]Re:[Matter][Client's Name]:This will confirm that the sale took place as scheduled.Enclosed are the following documents:1. Original Trustee's Sale Guarantee with endorsements2. Recorded Appointment of Successor Trustee3. Recorded Notice of Default and Election To Sell4. Recorded Trustee's Notice of Sale5. Recorded Proof of Service [or Affidavit of Service Attempts and Posting]6. Recorded Affidavit of Mailing7. Recorded Affidavit of Publication8. Affidavit of Compliance9. Recorded Certificate of Nonmilitary Service10. Recorded Trustee's DeedEnclosed is my statement for fees and costs. At this point, I will close my file.Thank you for the opportunity to have been of service.Very truly yours,Encs.Page 34 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

Help Web site at http://oregon.gov/DCBS/foreclosurehelp/index.shtml. You mayalso wish to talk to a lawyer. If you need help finding a lawyer, you may call theOregon State Bar's Lawyer Referral Service at 503-684-3763 or toll-free in Oregonat 800-452-7636 or you may visit its Web site at: www.osbar.org. Legal assistancemay be available if you have a low income and meet federal poverty guidelines.For more information and a directory of legal aid programs, go tohttp://www.osbar.org/public/ris/LowCostLegalHelp/LegalAid.html.WARNING: You may get offers from people who tell you they can help you keepyour property. You should be careful about those offers. Make sure you understandany papers you are asked to sign. If you have any questions, talk to a lawyer or oneof the organizations mentioned above before signing.DATED:_____, 2_____Trustee name: _________(print)Trustee signature: _________Trustee telephone number: _________Page 36 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

OREGON NONJUDICIAL FORECLOSURE CHECKLIST FOR FILEClient:Address:Grantor:Grantor's Address:Client No.Contact Person:Telephone:County of Security:Address of Security:Arrearage:As of:Payoff:As of:Date of Sale: Time: Day: 1. 2. 3. 4. 5. 6. 7. 8. 9.Open FileCheck Conflicts as to grantorsLetter of Intent to Foreclose and Fair-Debt Collection Letter Sent (ifapplicable)Order Trustee's Sale Guarantee:Title Co.:Ordered From:Order No.Prepare Appointment of SuccessorTrusteeReview Guarantee and PrepareService ListCheck Conflicts as to all PartiesSet Sale and DocketPrepare Notice of Default 15. 16. 17. 18. 19. 20. 21. 22. 23.Prepare 120 Day Statutory Service byCertified MailPrepare 120 Day Statutory Service byFirst Class MailPrepare Courtesy Service by FirstClass MailPrepare Affidavit of MailingCheck Date Down Endorsement forAdditional LienholdersCheck Conflicts as to AdditionalLienholderConfirm Service or Posting; Mail Noticeof Substituted ServiceSend Notice of Sale for PublicationFederal Tax Lien Check and Notice toOccupants 10. 11. 12.Prepare Trustee's Notice of Sale and2008 NoticeRecord in order: (1) Appointment ofTrustee (2) Notice of DefaultOrder Date Down Endorsement toReflect Notice of Default 24. 25. 26. 27.Notice Sent to IRSNotice to Vacate (Non-GrantorOccupants)Confirm Last Date of PublicationRecord Affidavits 13.Confirm Recording 28.Prepare for Sale 14.Prepare 120 Day Personal Service(Occupants) 29.Record Trustee's Deed and Certificateof Non-Military Service, then OrderPreliminary Title Report or Owner'sPolicy (if requested)Page 37 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

FORECLOSURE DEADLINESDATE OF SALE:ACTIONSUGGESTEDTICKLER DATE(S)TICKLERDATE(S)*DUEDATE*DATEACCOMPLISHEDFDCPA letter sent (Send within 5 daysafter collection efforts are commenced)Recordation of Notice of Default (mustbe recorded no less than 120 daysbefore sale)130 days beforesale/120 daysbefore saleRequest for First Supplemental Trustee'sSale GuaranteeDate Notice ofDefault is recordedReceipt of First Supplemental Trustee'sSale Guarantee5 days afterrecording Notice ofDefaultService of additional Notices of Sale1 day after receiptof FirstSupplementalGuarantee (resetsale date?)Personal service [or posting on propertyafter service personal service attemptfails] on occupants and service ofNotices of Sale and 2008 Notice (mustbe sent no less than 120 days beforesale, after recordation of Notice ofDefault)130 days beforesale/120 daysbefore saleConfirm Service or posting of Notice ofSale [and 2008 Notice, if applicable] onoccupants and interested parties10 days afternotices sent forserviceSend publication information80 days beforesalePublication completion date20 days beforesaleAffidavit of Publication received10 days beforesalePage 38 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

ACTIONSUGGESTEDTICKLER DATE(S)TICKLERDATE(S)*DUEDATE*DATEACCOMPLISHEDRequest Second SupplementalTrustee's Sale Guarantee30 days beforesaleVerbally check for IRS liens30 days beforesaleNotice of Determination (that Grantor isnot eligible for foreclosure avoidance orhas not complied with mediationagreement)30 days beforesaleNotice to Vacate30 days beforesaleRecord Affidavits and send Affidavit ofCompliance to DOJ30 days beforesaleMail Notice of Nonjudicial Sale / IRS lien25 days beforesaleConduct search regarding active militaryduty and prepare Certificate of Non-Military Service20 days beforesaleConfirm certified mailing or otherdelivery of statement of information14 days beforesaleRecord Notice of Sale/Affidavits and getBid Instructions5 days before salePrepare Bid3 days before saleRemind out-of-town counsel1 day before saleDeliver Trustee's Deed and Certificate ofNon-Military Service to Purchaser(Trustee must execute and deliverTrustee's Deed to Purchaser within 10days of sale)5 days after salePage 39 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

TYPE OF SERVICE: 1. PS = Personal Service2. FC = First Class Mail3. CM = Certified Mail/Return Receipt4. PO = PostingClient No.:Last Day for Service:Postage: $Photocopies: @ . per copy: $Page 41 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)