TRUST DEED FORECLOSURE - Professional Liability Fund

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)