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July 2023 » thefivestar.com 39 July 2023 F E A T U R E "willful" violation by the servicer; the motion is pending a ruling as of this date. However, as the Ninth Circuit noted, both cases involve similar facts and statutory schemes, so an Oregon state court in the future may well find a servicer liable under UTPA if it takes possession of the property before completing the foreclosure. Unless and until Oregon passes a statute similar to RCW 7.100.030, servicers should consider taking a similar approach to what was used in Washington before the statute was passed: obtain multiple inspections showing that property is abandoned and in deteriorat- ing condition constituting a health hazard or nuisance and file a complaint for injunctive relief to allow entry onto the property. Ad- ditionally, if the servicer's agency theory does not prevail in the district court, then this could indicate that servicers can still be liable for the torts of property preservation contractors even if the contractors are not acting in accordance with the servicer's directives. Whether an Oregon court will deem an abandonment provision of a Deed of Trust to be unenforceable is an open question. The immediate takeaway from Santoro , however, is that if a lender seeks to secure a property before completing foreclosure in Oregon, the safest approach is to exercise greater diligence than sending a single letter; multiple inspec- tions should be performed, preferably over sev- eral weeks, before making that determination. Additionally, obtaining a court order as cover may be the best practice for avoiding liability in similar circumstances. Disclaimer: The above information is intended for information purposes alone and is not intended as legal advice. Please consult with counsel before taking any steps in reliance on any of the informa- tion contained herein.