Ear to the Ground
Ear to the Ground
Our attorney contributors share relevant and timely insight into real estate, energy law, water law, and environmental issues.
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Multnomah County “Freezes” Eviction Proceedings Through 2020
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Oregon Establishes Fund to Help Homeowners Pay Their Mortgages
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Residential Eviction Extension Proposal Includes Landlord Relief

Oregon House Bill 4213, as extended by Governor Kate Brown’s Executive Order 20-56, currently prohibits eviction of residential tenants for non-payment of rent through December 31, 2020, as previously discussed. However, with COVID-19 raging on and…
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Banks Sue Over Oregon’s Foreclosure Moratorium

Two recent lawsuits filed in the U.S. District Court for the District of Oregon illustrate that Oregon banks are none too pleased about HB 4204. This legislation, passed by the Oregon legislature in June 2020, prohibits residential and commercial…
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Oregon Eviction Ban Extended for Residential But Not Commercial Tenants

On September 28, Governor Kate Brown issued Executive Order 20-56. Citing the ongoing COVID-19 pandemic and the recent state wildfires, the Order extends the existing ban on eviction of residential tenants for non-payment of rent until December 31…
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Fannie Mae Extends Temporary Moratorium on Residential Foreclosures and Evictions

At the end of August, Fannie Mae announced an extension of a temporary moratorium on residential foreclosures and evictions that was originally set to expire on August 31, 2020. The moratorium applies to single-family mortgages backed by Fannie Mae…
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A Terrible Time to Be Without Water

On the reservation of the Confederated Tribes of Warm Springs in Central Oregon, it’s wildfire season. As of August 25, two fires were burning.
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Oregon Foreclosure Moratorium Extended Until December 31, 2020

On August 31, Oregon Governor Kate Brown issued Executive Order 20-37, extending prohibitions on residential and commercial foreclosures in Oregon through December 31, 2020. This Order was issued under the Governor’s authority given by Oregon…
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Court Decision Favors Businesses Claiming Insurance Coverage for COVID-Related Losses

Companies across the state, and around the country, have suffered significant loss of income due to interruptions to their business caused by the spread of COVID-19 and the ensuing government-ordered closures. These companies have been disappointed…
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Real Estate Adapts to the New COVID Normal

Like most other industries, the real estate business was turned upside-down in March when the COVID-19 outbreak got real. Now that five months have passed and life with COVID-19 appears to be the new normal, some real estate trends are starting to…
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Oregon Adopts Temporary E-Notarization Law

In a prior blog post , we identified the recent trend to adoption of e-notarization in several states in response to the COVID crisis. As of that time, Oregon had not authorized e-notarization on either a permanent or temporary basis.
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Portland's Residential Real Estate Market Responds Surprisingly to COVID-19

The COVID-19 health crisis has indelibly affected society, impacting our behaviors, habits, and priorities. Unlike previous recessions, our relationship to spending and saving may be markedly different in our current circumstance. One clear example…
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New Law Prohibits Foreclosures in Oregon Until September 30, 2020

During the special session held between June 24 and June 26, the Oregon legislature passed, and Governor Brown signed into law, HB 4204, which prohibits foreclosures in Oregon from March 8, 2020 until September 30, 2020. It applies to both…
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Oregon Legislature Extends Eviction Moratorium to September 30

On June 26, state lawmakers approved House Bill 4213 extending Governor Brown’s executive order temporarily prohibiting evictions of both residential and commercial tenants for non-payment of rent or other charges under a lease. Under the Governor’s…
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Force Majeure Clause Hitz the Spot for Restaurant Tenant

In previous updates Tonkon Torp attorneys have addressed the applicability of force majeure clauses in commercial contracts. As expected, commercial renters are taking a beating, and many have been forced to close as a result of the pandemic.
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COVID-19 Creates Short-Term Liquidity Problems in Commercial Real Estate

It is the first day of May, and in normal times the rent would be due again. But these are far from normal times, and in many cases the likelihood that rent will actually be paid (or paid in full) is quite low. As tenants search their couches for…
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COVID-19 Relief for 1031 Exchanges: Deadlines Moved to July 15, 2020

On April 9th, the IRS released Notice 2020-23. The Notice pertains to Section 1031 like-kind exchanges to defer capital gains tax on the sale of real property. Under the Notice, the 45-day identification deadlines and 180-day exchange deadlines that…
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Coronavirus and Commercial Evictions: Oregon’s New Moratorium

On April 1, 2020, Oregon Governor Kate Brown issued Executive Order 20-13, expanding certain coronavirus-related eviction protections to include commercial tenants. This order follows a series of emergency moratoria issued by Governor Brown, the City…
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COVID-19 Crisis Renews Interest in e-Notarization

Remote online notarization of documents, often called e-notarization, permits the execution of notarized documents via an audio-visual link between the signer and the notary. This eliminates the need for the signer and notary to be physically present…
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Commercial Real Estate and the Coronavirus Stimulus Bill

On Wednesday evening the Senate passed a $2 trillion stimulus package. What follows are some of the highlights of the bill that are most pertinent to commercial real estate.
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Will Financial Impacts from COVID-19 Pandemic Suffice to Breach a Contract Under a Force Majeure Clause?

Force majeure clauses in contracts are intended to allow performing parties to avoid liability if certain natural or unavoidable events or catastrophes interrupt the expected course of events and impact the parties’ ability to perform.
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In this Time of Coronavirus, What about our Water?

Happy belated World Water Day. It was Sunday, March 22, but you could be forgiven for missing it, since we're all paying attention to the COVID-19 pandemic instead. But what about water and the coronavirus?
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