Eleanor A. DuBay
Eleanor focuses her practice on consumer and commercial collection matters throughout Oregon, Washington, and Idaho, specializing in real estate foreclosures, replevin actions, collection lawsuits, and bankruptcies, as well as post-foreclosure possession disputes. Eleanor efficiently represents all types of secured lenders in collection-related matters. In addition, she represents commercial and residential landlords in an array of eviction cases and lease disputes. She also effectively manages a litigation practice in a broad range of matters including employment disputes, debtor-creditor, and general business litigation. Prior to joining Tomasi Salyer Martin, Eleanor worked for Farleigh Wada Witt supporting the collection, foreclosure, and litigation practice groups. Prior to that time, she worked for a solo practitioner specializing in employment law.
Foreclosure and Collections
Secured Lending Foreclosures – Representation of banks, credit unions, mortgage companies, and other secured lenders in the following matters:
- Judicial real estate foreclosures (residential and commercial)
- Non-judicial real estate foreclosures (residential and commercial)
- Appointment of Receivers and management of receivership proceedings (specializing in post-foreclosure evictions for investor clients)
- Oregon Pre-Foreclosure Resolution Conference Requirement
- Sales of Real Estate and Lender-Owned Properties
- Short Sales and Deeds in Lieu of Foreclosure
- Troubled Debt Restructuring
- Loan Workouts
- FEDs- Commercial and Residential Evictions
- Representation of secured and unsecured creditors in Chapter 7, 11, and 13 Bankruptcies.
- Motions for Relief from Stay; Objections to, and Confirmations of, Chapter 13 plans; and proofs of claim.
- Representation of secured creditors with multiple claims in complex Chapter 11 Bankruptcies.
- Representation of lenders, title companies and trustees in wrongful foreclosure lawsuits.
- Defense of property preservation company in trespass and conversion case related to foreclosure of property.
- Defense of property management company in construction lien foreclosure lawsuit.
- Defense of lender and servicer in Fair Credit Reporting Act case.
- Defense of local businesses in complex telecom litigation and employment disputes.
Publications and Speaking Engagements
- Oregon Real Estate Deskbook, Ch. 23, Nonjudicial Foreclosure of Trust Deeds (2015), co-authored with Valerie A. Tomasi and Marisol Ricoy McAllister.
- Learning the Ropes, A Day in the Life of a Transactional Attorney (2015), co-presenter with Kathryn P. Salyer.
- Collecting on Judgments (2019), MBA CLE Seminar, co-presenter with John Parsons, Parsons Farnell & Grein LLP.
- Oregon BarBooks, Civil Pleading and Litigation, Ch. 22, Provisional Process (2020 ed.).
- Commercial Foreclosure in Oregon, LexisNexis Practical Guidance (2020).
Community Involvement and Personal
Eleanor is a member of Oregon Women Lawyers and the coach of its dragon boat team, the OWLS Dragonflies. As a coach of the OWLS Dragonflies dragon boat team and an active paddler, Eleanor spends a lot of her free time paddling on the Willamette River. In addition to dragon boat racing, she enjoys baking, reading, traveling, and spending time with her two cats.