Topic guideUpdated 2026-02-27
Oregon Pre-Foreclosure Notices — What You Must Receive
Notice requirements, timelines, and what to do when you receive a demand letter or notice of default in Oregon.
What the notice must contain
The pre-foreclosure notice in Oregon must:
- Identify the loan and property
- State the nature of the default (typically missed payments)
- Specify the amount needed to cure the default
- Include your right to cure the default and the deadline to do so
- Be served by notice of default recorded in county; mailed to borrower by first-class and certified mail; notice of sale published once per week for 4 consecutive weeks and posted on property; Oregon also requires a foreclosure avoidance meeting (HB 4137) for owner-occupied residences
Notice timeline
1
Default occurs
You miss payments and the lender declares you in default.
2
Notice served
The lender must give you Notice of sale at least 120 days before sale (after notice of default is recorded); notice of sale must be mailed or served at least 120 days before the sale, and the notice of sale must also be published on a statutory schedule before the sale — confirm the current publication requirements with a lawyer days' notice before proceeding §86.764.
3
Cure window
During the notice period, you have the right to cure the default by paying the amount specified in the notice.
4
Lender proceeds
If the default is not cured within the notice period, the lender may begin the power-of-sale process.
Federal requirements
In addition to Oregon law, federal regulations §12 C.F.R. 1024.41 require mortgage servicers to:
- Make early contact efforts within 36 days of a missed payment
- Provide a written notice with loss mitigation options within 45 days
- Wait at least 120 days after the first missed payment before filing a foreclosure action
⚠If you did not receive the required notice, or the notice was defective (wrong amount, wrong address, insufficient time), this may be a defense to the foreclosure. Do not assume the notice is correct — verify it carefully.
✓When you receive a pre-foreclosure notice, the first step is to calculate your deadline and the total amount needed to cure. Then explore all options: reinstatement, loan modification, and legal consultation.
Prepare for Your Consultation
Quick checklist (Foreclosure Defense)
Gather these before your first consultation.
Mortgage docs & notices
(deed of trust, demand letters)
Payment history
(bank statements, escrow)
Correspondence
(lender letters, dates, names)
General preparation tips only. Specific needs depend on your state and lender.
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
Legal authoritiesStatutes referenced on this page
ORS § 86.764
Pre-foreclosure notice requirements
Oregon requires notice before foreclosure can proceed. Period: Notice of sale at least 120 days before sale (after notice of default is recorded); notice of sale must be mailed or served at least 120 days before the sale, and the notice of sale must also be published on a statutory schedule before the sale — confirm the current publication requirements with a lawyer. Must include cure right: yes.
- Notice period: Notice of sale at least 120 days before sale (after notice of default is recorded); notice of sale must be mailed or served at least 120 days before the sale, and the notice of sale must also be published on a statutory schedule before the sale — confirm the current publication requirements with a lawyer
- Service method: notice of default recorded in county; mailed to borrower by first-class and certified mail; notice of sale published once per week for 4 consecutive weeks and posted on property; Oregon also requires a foreclosure avoidance meeting (HB 4137) for owner-occupied residences
- Must include cure right: yes
ORS § 86.705
ORS Chapter 86 — Mortgages; Trust Deeds (§§ 86.705–86.815, Trust Deed Foreclosure)
Primary foreclosure statute governing nonjudicial foreclosure in Oregon.
Verified 2026-07-21 · quarterly review
12 C.F.R. § 1024.41
Federal pre-foreclosure requirements (Regulation X)
Requires mortgage servicers to contact borrowers within 36 days of a missed payment, provide written loss mitigation options within 45 days, and wait at least 120 days before filing foreclosure.
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →