Terms Used In Oregon Statutes > Chapter 86 > Trust Deeds > Foreclosures

• Academic content standards: means expectations of student knowledge and skills adopted by the State Board of Education under ORS § 329. See Oregon Statutes 329.007
• Accessory building or structure: means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

  (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

  (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home. See Oregon Statutes 90.100

• Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliated organization: means any profit or not-for-profit corporation, limited liability company, partnership, sole proprietorship, sponsoring entity or other form of legal entity:

  (a) That is the lessor of the real property on which the facilities of the provider are situated;

  (b) That a provider has identified in its disclosure statement pursuant to ORS § 101. See Oregon Statutes 101.020

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a provider that has submitted an application and disclosure statement to register as a continuing care retirement community. See Oregon Statutes 101.020
• Applicant screening charge: means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit. See Oregon Statutes 90.100
• Application fee: means a fee charged to an individual or individuals, prior to execution of a residency agreement, apart from an entrance fee. See Oregon Statutes 101.020
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
• Audited financial statement: means a provider's financial statement that has been prepared in accordance with generally accepted accounting principles and that has been audited by an independent certified public accountant in accordance with generally accepted auditing standards and includes notes to the financial statement that state whether or not the continuing care retirement community is in compliance with its reserve requirements. See Oregon Statutes 101.020
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bias crime: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
• Carbon monoxide source: has the meaning given that term in ORS § 105. See Oregon Statutes 90.100
• CCRC: means any provider that is registered with the Department of Human Services and agrees to furnish continuing care to a resident under a residency agreement. See Oregon Statutes 101.020
• City: includes any incorporated village or town. See Oregon Statutes 174.100
• Closed bed long term care facility: means a licensed long term care facility in a continuing care retirement community that is used exclusively by individuals receiving long term care services under a residency agreement. See Oregon Statutes 101.020
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community learning center: means a school-based or school-linked program providing informal meeting places and coordination for community activities, adult education, child care, information and referral and other services as described in ORS § 329. See Oregon Statutes 329.007
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
• Continuing care: means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care. See Oregon Statutes 101.020
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• council: means a body of residents of a continuing care retirement community who are elected by the residents and recognized by the provider as representing the interests of the residents. See Oregon Statutes 101.020
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• DBH: means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side. See Oregon Statutes 90.100
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Education. See Oregon Statutes 329.007
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Drug and alcohol free housing: means a dwelling unit described in ORS § 90. See Oregon Statutes 90.100
• Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Entrance fee: means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of one or more residents in a continuing care retirement community. See Oregon Statutes 101.020
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
• Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
• Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Higher education and career path skills: means instruction that provides guidance on:

  (a) Applying for jobs, including preparing a resume or filling out a job application and developing job interview skills;

  (b) Applying for admission to a post-secondary institution of education, including applying for financial aid and scholarships;

  (c) Applying for post-secondary learning and job training opportunities and programs that do not require a four-year degree, including apprenticeships and how to meet the prerequisites for those opportunities and programs;

  (d) Developing career-related skills, including improving employability skills, taking advantage of community-based experiential learning and gaining knowledge of career opportunities; and

  (e) Seeking assistance, including accessing community resources and acting as a self-advocate for mental, physical and financial well-being. See Oregon Statutes 329.007

• Holocaust and genocide studies: means studies on the Holocaust, genocide and other acts of mass violence that comply with the requirements described in ORS § 329. See Oregon Statutes 329.007
• Hotel or motel: means 'hotel' as that term is defined in ORS § 699. See Oregon Statutes 90.100
• Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. See Oregon Statutes 90.100
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
• Language arts: includes reading, writing and other communications in any language, including English. See Oregon Statutes 329.007
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Living unit: means a room, apartment, cottage or other area set aside for the exclusive use of the resident. See Oregon Statutes 101.020
• local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
• Manager: means a person, corporation, partnership, association or other legal entity that enters into a contractual arrangement with the provider to manage the continuing care retirement community. See Oregon Statutes 101.020
• Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
• Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
• Marina: means a moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
• Month-to-month tenancy: means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. See Oregon Statutes 90.100
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• New continuing care retirement community: means a continuing care retirement community registered by a provider on or after January 1, 1990. See Oregon Statutes 101.020
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Open bed long term care facility: means a licensed long term care facility in a continuing care retirement community that admits persons who have not signed a residency agreement. See Oregon Statutes 101.020
• Oregon Studies: means history, geography, economics and civics specific to the State of Oregon. See Oregon Statutes 329.007
• Organization: includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. See Oregon Statutes 90.100
• Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

  (a) All or part of the legal title to property; or

  (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100

• Parents: means parents or guardians of students who are covered by this chapter. See Oregon Statutes 329.007
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual or organization. See Oregon Statutes 90.100
• Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
• Personal financial education: means instruction that provides guidance on:

  (a) Credit scores, including how to build credit, the costs and benefits of borrowing money on credit and the long-term impacts of high or low credit scores;

  (b) Investments, asset building and debt, including how to open a bank account, different types of bank accounts, compound interest, the total cost of loan repayment, comparing investment options and types of investments and understanding different types of retirement accounts;

  (c) Strategies for creating a budget, tracking and modifying spending patterns and understanding insurance products, including exploring common costs associated with rentals and home ownership;

  (d) Taxes, including accessing tax credits, understanding tax cycles, being familiar with state and federal tax forms and being familiar with federal, state, regional and local taxes; and

  (e) Building financial well-being, including evaluating the impact of behavioral economics and the psychology of money, explaining trends in financial health and evaluating consumer skills, including fraud and identity theft prevention. See Oregon Statutes 329.007

• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prefabricated structure: means a structure that is substantially constructed or assembled using closed construction at an off-site location in compliance with the state building code and that is sited and occupied by the owner in compliance with local codes. See Oregon Statutes 90.100
• Prepaid rent: means any payment of money to the landlord for a rent obligation not yet due. See Oregon Statutes 90.100
• Probate: Proving a will
• Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
• Public charter school: has the meaning given that term in ORS § 338. See Oregon Statutes 329.007
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recreational vehicle: has the meaning given that term in ORS § 174. See Oregon Statutes 90.100
• Recreational vehicle park: has the meaning given that term in ORS § 197. See Oregon Statutes 90.100
• Regular periodic charges: means basic monthly fees charged to a resident on an ongoing basis. See Oregon Statutes 101.020
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
• Rental agreement: includes a lease. See Oregon Statutes 90.100
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residency agreement: means a contract between a provider and a resident for the provision of continuing care for a period greater than one year. See Oregon Statutes 101.020
• Resident: means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care. See Oregon Statutes 101.020
• Roomer: means a person occupying a dwelling unit that does not include a toilet and either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure. See Oregon Statutes 90.100
• School district: includes common and union high school districts. See Oregon Statutes 328.001
• Screening or admission criteria: means a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. See Oregon Statutes 90.100
• Security deposit: means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. See Oregon Statutes 90.100
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual assault: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• Squatter: means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. See Oregon Statutes 90.100
• Stalking: means the behavior described in ORS § 163. See Oregon Statutes 90.100
• state board: means the State Board of Education. See Oregon Statutes 329.007
• state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surrender: means an agreement, express or implied, as described in ORS § 90. See Oregon Statutes 90.100
• Teacher: means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. See Oregon Statutes 329.007
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transient lodging: means a room or a suite of rooms. See Oregon Statutes 90.100
• Transient occupancy: means occupancy in transient lodging that has all of the following characteristics:

  (a) Occupancy is charged on a daily basis and is not collected more than six days in advance;

  (b) The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy; and

  (c) The period of occupancy does not exceed 30 days. See Oregon Statutes 90.100

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Vacation occupancy: means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that:

  (a) Has all of the following characteristics:

  (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

  (B) The occupant has a principal residence other than at the unit; and

  (C) The period of authorized occupancy does not exceed 45 days; or

  (b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle owned by the occupant will be located and for which:

  (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

  (B) The occupant has a principal residence other than at the space;

  (C) The period of authorized occupancy does not exceed 90 days;

  (D) The recreational vehicle is required to be removed from the park at the end of the occupancy period before a new occupancy may begin; and

  (E) A written agreement is signed by the occupant that substantially states: 'Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). See Oregon Statutes 90.100

• Venue: The geographical location in which a case is tried.
• Violate: includes failure to comply. See Oregon Statutes 174.100
• Week-to-week tenancy: means a tenancy that has all of the following characteristics:

  (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

  (b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and

  (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100

• World languages: includes sign language, heritage languages and languages other than a student's primary language. See Oregon Statutes 329.007