Hi ncporeed4,
Welcome to the forum and thank you for joining us.. I am so sorry that you find yourself in the situation that you are in, it is a very hard one to be in, ....being in Real Estate it sound like you are already aware of the choices that are available to you. And please know you are not a failure for being in this situation, there are many people in the very same situation as you as a result of toxic arm loans and unscrupulous brokers that pushed them on people that didn't understand them in the first place......
Short Sale is a much better option than foreclosure as you know......and if you know how to handle them you are one step up in the process.......
You probably already know the following information too, but I had pointed out some key things geared toward what you were inquiring about the deficiency judgement.....
A Real Estate attorney would be the best person to answer that question for you and I would think that you know some of those....
I hope this information is at least helpful for you......you can come and vent anytime
Oregon Foreclosure Law
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- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Typically 180 days
- Right of Redemption: Yes
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Deficiency Judgments Allowed: Yes
In Oregon, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.
Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.
In this type of foreclosure, the borrower may redeem the property by paying the purchase price, with interest, the foreclosure costs and the purchaser's expenses in operating and maintaining the property within 180 days after the date of sale. The borrower must file a notice no less than two (2) days and not more than thirty (30) with the sheriff to redeem.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:
A notice of default must be recorded in the county where the property is located and the borrower and/or occupant of the property must be served with a copy of the notice at least 120 days before the scheduled foreclosure sale date.
A copy of the notice must be published once a week for four (4) successive weeks, with the last notice being published at least twenty (20) days prior to the foreclosure sale.
Said notice must contain a property description, recording information on the trust deed, a description of the default, the sum owing on the loan, the lender's election to sell and the date, time and place of sale.
The borrower may cure the default at any time prior to foreclosure by paying all past due amounts, plus costs.
The sale must be at auction to the highest bidder for cash. Any person, except the trustee, may bid at the sale, which take place between 9:00 am and 4:00 pm at the location stated in the notice of record.
The sale may be postponed for up to 180 days from the original sale date if at least twenty (20) days advance notice is given, by mail, to the original recipients of the notice.
A deficiency judgment cannot be obtained through a non-judicial foreclosure, but may be pursued when other foreclosure methods are used.
More information on Oregon foreclosure laws.
source
http://www.foreclosurelaw.org/Oregon...losure_Law.htm
Oregon Foreclosure is both judicial and non-judicial.
The majority of loans are foreclosed by the non-judicial method.
Major Elements of Oregon Foreclosure include:1. Sending the Notice of Default out for recording and setting a sale date. (Must record Notice of Default, mail and serve Notice of Sale on occupants more than 120 days before the sale date).
2. Publication - 4 consecutive weeks, the last publication must be more than 20 days before the sale date.
3. Oregon foreclosure sale date is set no earlier than 120 days from the Notice of Default.
4. The sale must be conducted between 9 a.m. and 4 p.m. at a place designated in the notice
5. Occupant of premises has 10 days after sale to vacate premises.
6. Sale can be continued up to 180 days (in case of Bankruptcy filing, sale continued indefinitely).
7. A deficiency judgment cannot be obtained through a non-judicial deed of trust foreclosure by advertisement.
source
http://www.foreclosureuniversity.com...aws/oregon.php
The following information regarding foreclosures is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.
A foreclosure is a procedure to remove a person's rights to own and have possession of real property, that is, real estate. After foreclosure, the person will no longer own the property, and will be required to move and take out all his or her belongings.
A foreclosure is started by a person, or company, holding a lien on real property. An owner will normally give a lien upon his or her real property as collateral for repayment of a debt. Typically, a homeowner gives a lien on his or her house to the bank as collateral for payment of a loan to the bank. In some cases, a lien can be placed on real property without the owner's consent where money is owing but has not been paid. For example, a carpenter can file a construction lien for work done on a house, the IRS can file a lien for unpaid taxes, and a creditor can file a lien for an unpaid judgment.
There are four common types of liens on real property. Those are (i) a trust deed; (ii) a mortgage; (iii) a land sale contract; and (iv) an involuntary lien.
A trust deed is a special type of mortgage given by the owner of the real property to a third party, called a trustee, who holds a power of sale for the property for the benefit of a creditor (such as a lender) until the debt is repaid. Banks and other lenders typically use a trust deed.
A trust deed can be foreclosed by a lawsuit in the circuit court of the county where the property is located. The party holding the lien asks the court for a judgment against the owner for the unpaid amount of the debt together with attorney fees and foreclosure costs. If the owner does not pay that full amount to the holder of the lien, then the sheriff of that county will auction off the property to the highest bidder for cash. If there is not enough cash received by the sheriff to pay the judgment in full, then the holder of the lien can collect what is still owed, called a deficiency, from the owner. The owner also must move out immediately.
If the foreclosure is on the owner's residence or the residence of the owner's spouse or child, then the owner merely loses the property but does not have to pay a deficiency. However, anyone else who guaranteed payment of the debt will have to pay the deficiency.
After the sale, the owner has 180 days to buy the property back from the purchaser at the sale for an amount equal to the auction price paid plus interest and any anything the purchaser had to pay for such items as taxes and maintenance. This is known as a right of redemption.
The holder of a trust deed can foreclose without going to court, too, through a foreclosure by "advertisement and sale." The trustee mails a notice to the owner, and any other persons holding an interest in the property, of the amount of the debt and the sale date, and publishes notice of the sale in a newspaper. The trustee then auctions off the property to satisfy the debt, the attorney fees and foreclosure costs. Following the sale, the owner must move out of the property. This foreclosure process takes approximately 140 days.
In this kind of foreclosure of a trust deed, the owner has no right of redemption. However, when the foreclosure is by "advertisement and sale," the owner does not have to pay a deficiency, either. In addition, the owner can stop the foreclosure by paying all delinquent payments together with trustee's and attorney fees and costs at any time up to 5 days before the scheduled sale date. The trustee will then file a notice in the county records showing that the foreclosure proceeding has ended.
A mortgage is similar to a trust deed but does not involve a third party trustee. With a mortgage, the owner gives a lien on the property as collateral for the debt.
A mortgage can be foreclosed by filing a lawsuit in the circuit court of the county in which the property is located. The foreclosure is handled in the same manner in which a court foreclosure of a trust deed is handled. The only difference is that there is no right to collect a deficiency from the owner following foreclosure, if the mortgage was given as collateral to the seller of the property, or if the mortgage was given to a bank or other lender for a debt of less than $50,000, and the money was used to pay for the property.
A third type of lien is a land sale contract. The land sale contract is a contract between the seller and buyer of real property. The seller agrees to give the buyer a deed to the property once the purchase price has been paid. It is very important to carefully read a land sale contract because the rights of the parties may vary greatly depending on the wording of the contract.
The seller under a land sale contract has three principal foreclosure rights.
First, the seller can file a lawsuit in the circuit court of the county where the property is located asking for the unpaid balance of the contract together with attorney fees and foreclosure costs. If the seller's case is successful, the sheriff will then conduct a public auction for cash. As with court foreclosure of a trust deed, if there is not enough cash to pay the judgment the buyer is responsible to pay the difference to the seller. The buyer also must immediately move out of the property after foreclosure. Unlike a court foreclosure of a trust deed, however, the buyer has no right to buy the property back after foreclosure.
The seller can choose instead to file a lawsuit in the county where the property is, to eliminate the buyer's interest in the property. This is known as strict foreclosure. In a strict foreclosure action, the seller gets the property back and the buyer must pay to the seller all of the seller's attorney fees and foreclosure costs. The buyer is not responsible for a deficiency other than attorney fees and foreclosure costs, but has no right to buy the property back.
The final foreclosure option is known as forfeiture. It is similar to a foreclosure by advertisement and sale of a trust deed. Here, the seller sends notice to the buyer and other parties having an interest in the property, explaining the amount of the debt and a forfeiture date. If the buyer does nothing, the buyer's interest in the property will be eliminated, and the buyer must immediately move out of the property. Until the date of the forfeiture, however, the buyer has the right stop the forfeiture by making up the back payments together with attorney fees and forfeiture costs. The seller will then file a notice in the county records showing that the forfeiture proceeding has ended.
The final category of liens is those that are placed against the property without the owner's consent. As described above, those can include liens filed by workmen on the property, liens filed for unpaid taxes and liens filed by creditors holding judgments against the owner. Each of those liens have their own special procedures for foreclosure. In most cases, however, the result is the same: the sheriff of the county where the property is located will hold a public auction and sell the property to the highest bidder for cash. If the cash is not sufficient to pay the amount of the debt, the person who owes the money secured by the lien will be responsible for the difference. With certain liens, the owner may have the right to buy back the property after the sale.
source
http://www.osbar.org/public/legalinfo/1202.htm 
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