UTA Opposition Stalls Oregon Mandatory Mediation Proposal
UTA Hires Lobbyists In Oregon

UTA has hired a lobbying team – Dave Fiskum and Drew Hagedorn with the firm of Conkling Fiskum & McCormick in Salem, Oregon - to work to defeat or amend legislation that would impose a mandatory mediation process that must be exhausted before a nonjudicial foreclosure of a residential trust deed can be completed.

UTA's Oregon lobbyists worked with lenders and other stakeholders to stall a proposal before the Oregon Senate Consumer Protection Committee that would make the foreclosure process even more complicated and risky for trustees.

As originally drafted, Senate Bill 628 would thrust foreclosure trustees – and not the lender -- into a mandated mediation process process with borrowers prior to a foreclosure sale. Additionally, the bill required trustees to pay for the mediation process in addition to mandating translation of mediation notices to all world languages.

Given strong industry opposition, the committee's chair, Sen. Suzanne Bonamici, (D-Beaverton), punted the bill to the Senate Rules Committee in advance of a legislative deadline requiring the bill to move out of its original committee. The move signals that the bill has insufficient support in her committee and on the Senate floor.

Bills referred to the Senate Rules Committee remain alive through the duration of the 2009 Oregon Legislative Session, which is expected to adjourn by the end of June. As a result, the potential still exists that the bill could be approved by the legislative assembly.

In an effort to ensure that doesn't happen, UTA lobbyists and their industry coalition will continue educating Senate Rules Committee members and legislative leadership concerning the policy implications of mandating a costly, burdensome mandatory arbitration process.

Before founding Conkling Fiskum & McCormick, Dave Fiskum spent much of his career in Oregon state government, holding management positions at Portland State University, the Department of Human Resources, the Economic Development Department and the Executive Department. Dave worked as press secretary for Oregon Republican Governor Vic Atiyeh in 1982 and for U.S. Representative Les AuCoin, a Democrat, in Washington, D.C. in 1978-79.

Drew Hagedorn joined Conkling Fiskum & McCormick in September of 2002. As General Counsel Drew also serves as CFM's attorney. Prior to joining CFM, Drew worked for Oregon Senator Mark O. Hatfield in Washington, D.C., Fleishman-Hillard International Communications, and the Oregon Department of Justice and most recently as legal and policy counsel for the Oregon Senate Majority Office.

Read David Fennell’s Committee Testimony on behalf of UTA.