Legal Question in Real Estate Law in Oregon

foreclosure consultant

I'm a real estate agent, licensed in Utah, but assisting a family member in Oregon with a short sale. I'm not attempting to list the property in Oregon as it's currently listed with a brokerage there. However, I'm running into problems with the listing brokerage in Oregon because they state that I need to be a qualified foreclosure consultant in that state to assist with negotiations with the bank for my family members to complete a short sale. I've looked at the Oregon state code on foreclosures and simply cannot find anywhere in the code that a qualified or licensed consultant needs to handle these negotiations. If someone could clarify whether or not that's true and point me to the correct code it would be much appreciated.

Thanks,

Josh


Asked on 1/28/09, 2:29 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: foreclosure consultant

Oregon does now have a law regulating "foreclosure consultants". You can read more about it here: http://www.cbs.state.or.us/external/dfcs/ml/foreclosure/hb3630.html

The law does exclude a member of the homeowner's family from the licensing requirements. Family is defined as follows: "Family" means a spouse, domestic partner, parent, stepparent, grandparent, child,stepchild, grandchild, sibling, aunt, uncle, cousin or in-law.

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Answered on 1/28/09, 4:39 pm


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