(2) A transfer agreement entered into on or after January 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined under the laws of this state. A transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry to judgment against the payee.
(3) A transfer of payment rights may not extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the obligor for:
(a) Periodically confirming the payee’s survival.
(b) Giving the annuity issuer and the obligor prompt written notice in the event of the payee’s death.
(4) A payee who proposes to make a transfer of payment rights does not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or a assignee based on any failure of the transfer to satisfy the conditions of ORS 33.850 to 33.875.
(5) Nothing in ORS 33.850 to 33.875 shall be construed to authorize a transfer of payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to January 1, 2006, is valid or invalid.
(6) Compliance with the requirements of ORS 33.850 to 33.875 is solely the responsibility of the transferee in any transfer of payment rights, and neither the obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [2005 c.173 §6; 2013 c.736 §8]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 033 - Special Proceedings and Procedures
Section 33.015 - Definitions for ORS 33.015 to 33.155.
Section 33.025 - Nature of contempt power; entity defendants.
Section 33.035 - Appointed counsel.
Section 33.045 - Types of sanctions.
Section 33.055 - Procedure for imposition of remedial sanctions.
Section 33.065 - Procedure for imposition of punitive sanctions.
Section 33.075 - Compelling attendance of defendant.
Section 33.085 - Compelling testimony of witness.
Section 33.105 - Sanctions authorized.
Section 33.135 - Limitations of actions.
Section 33.430 - Change of name on record of live birth; court conference with child.
Section 33.460 - Jurisdiction; grounds; procedure.
Section 33.850 - Definitions for ORS 33.850 to 33.875.
Section 33.855 - Transfer of payment rights; petition; notice.
Section 33.857 - Contents of petition.
Section 33.860 - Disclosure statement.
Section 33.862 - Information that may be requested at hearing.
Section 33.865 - Required findings by court or responsible administrative authority.