Foreclosure consulting contract
- void provisions
(1)A written foreclosure consulting contract is required for any services that a foreclosure consultant provides to a homeowner. A foreclosure consultant shall provide a homeowner with a copy of the foreclosure consulting contract at least 24 hours before the homeowner signs the contract. The foreclosure consulting contract must:
(a)Be written in a language that is spoken by the homeowner and that was used in discussions between the homeowner and foreclosure consultant to describe the foreclosure consultant’s services or to negotiate the contract and, except as provided in paragraph (f) of this subsection, be printed in at least 12-point type.
(b)Fully disclose the nature and extent of the services the foreclosure consultant is to provide.
(c)Fully disclose the terms and total amount of any compensation the foreclosure consultant or a person working in association with the foreclosure consultant is to receive.
(d)Be dated and personally signed by the homeowner and the foreclosure consultant.
(e)Contain on the first page the name and address, facsimile number and electronic mail address of the foreclosure consultant to which a notice of cancellation may be delivered.
(f)Contain, in immediate proximity to the space reserved for the homeowner’s signature, a notice in substantially the following form and printed in at least 14-point boldfaced type:
(2)A foreclosure consulting contract provision is void if the provision provides for the homeowner to:
(a)Waive any rights of the homeowner under ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant);
(b)Consent to jurisdiction for litigation or dispute resolution in a state other than Oregon;
(c)Consent to a choice of laws provision that applies the laws of a state other than Oregon;
(d)Consent to venue in a county other than the county in which the residence in foreclosure or default is located; or
(e)Pay any costs or fees incurred by the foreclosure consultant to enforce the contract, other than court costs and filing fees incurred in a successful circuit court action. [2008 c.19 §4]
Section 646A.710 — Foreclosure consulting contract; requirements; void provisions,