(1) "Default" means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence.

(2) "Family" means a spouse, domestic partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, cousin or in-law.

(3) "Foreclosure consultant," except as provided in ORS 646A.705, means a person that directly or through association with another makes a solicitation, representation or offer to a homeowner to perform, for or with the intent to receive compensation from or on behalf of the homeowner, a service that the solicitation, representation or offer indicates will accomplish one or more of the following:

(a) Prevent, postpone or stop a foreclosure sale.

(b) Obtain a forbearance from a beneficiary or mortgagee.

(c) Assist the homeowner in exercising a right of redemption.

(d) Obtain an extension of the period within which the homeowner may reinstate the homeowner’s obligation.

(e) Obtain the waiver of an acceleration clause that is:

(A) Contained in a promissory note or contract; and

(B) Secured by or contained in a deed of trust for, or mortgage on, a residence in foreclosure or in default.

(f) Assist the homeowner in obtaining a loan or advance of funds.

(g) Avoid or ameliorate an impairment of the homeowner’s credit resulting from a recorded notice of foreclosure or default.

(4) "Foreclosure consulting contract" means an agreement between a foreclosure consultant and a homeowner for the provision of services by a foreclosure consultant in regard to a residence in foreclosure or in default.

(5) "Homeowner" means the record owner of a residence.

(6) "Residence in foreclosure" means residential real property:

(a) Consisting of one to four single-family dwelling units;

(b) On which the owner occupies a dwelling unit; and

(c) Against which a notice of default has been recorded. [2008 c.19 §2]