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Unlawful auction of storage contents

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89MustangSally

Junior Member
Oregon Self Storage Facility Act
Section 3 ORS. 87.685 - 87.695 Statutes.

First of all let me thank you for providing this service!

My husband went in today (Aug 31) to make our payment and was told that the contents of our unit were auctioned on August 1st. (everything we've acquired over our lifetime)
Our $50.00 payment is due on the 15th of each month, (as of today 16 days late). Our last monthly payment was made July 16th our receipt states "from July to Aug", noting we owe an additional 15.00 late fee.
My husband asked why we were not notified and they would not produce any documentation of notification and said to ask at the office where WE live.
We live at a resort hotel where my husband does the maintainence in exchange for our small furnished room. We've been here for over a year. They said they tried to call us and was told that we no longer live here. This is a bold faced lie because we live next door to the manager and spend our evenings together sitting on the porch. All calls go through her office, she is the only one who answers during business hours. She also distributes the mail.
My husband argued with the storage unit manager about proper notification of auction and asked if it was in the newspaper, they said that the laws in Oregon are different than the laws in Utah and then commented about my husbands past legal affairs many years ago when we lived in Utah. They obviously read our personal documents that were inside file boxes in our unit and said all that was left was two bags of clothes. I am sick to my stomach and angry beyond words. My mothers china, antiques and personal items that are generations old are gone.
We are confident that this has been done unlawfully due to the fact that not enough time has gone by if the proper process had been followed.
The terms and conditions in our rental agreement say:
...if delinquency continues thereafter for 15 days, then upon written notice to renter as to time and place of sale....
The Oregon law says:
....a demand for payment within a specified time not earlier than 30 days after default.
We are on a fixed income, otherwise I'd be in town sitting in some lawyers office waiting for a consultation.
Where do we stand? What can we do? For the rest of my life I'll be living in fear of seeing my belongings scattered about town. Do we have any recourse? Yes, our payment was late, but for $50. I have a pair of shoes they could of unpacked and sold for that!
It has been 4 hours since my husband got home. The phone number is busy every time he tries to call the storage facility.
Thank you for your help,
89MustangSallyWhat is the name of your state (only U.S. law)?
 



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