(1) With respect to any periodic installment payment received by it within 15 days after the due date. However, if the 15-day period ends on a Saturday, Sunday or legal holiday the 15-day period is extended to the next business day.
(2) In a dollar amount which exceeds five percent of the sum of principal and interest of the delinquent periodic installment payment or the amount provided in the note or mortgage held by the lender, whichever is the lesser.
(3) Unless the note or mortgage held by the lender provides for payment of a late charge on delinquent periodic installments and a monthly billing, coupon or notice is provided by the lender disclosing the date on which periodic installments are due and that a late charge may be imposed if payment is not received by lender within 15 days thereafter. However, if the lender and the borrower have provided in the note or other written loan agreement that the payments on the loan shall be made by the means of automatic deductions from a deposit account maintained by the borrower, the lender shall not be required to provide the borrower with a monthly billing, coupon or notice under this subsection with respect to any occasion on which there are insufficient funds in the borrower’s account to cover the amount of a loan payment on the date the loan payment becomes due and within the period described in subsection (1) of this section.
(4) More than once on any single installment. [1977 c.427 §2; 1979 c.101 §1; 1993 c.280 §1]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 086 - Mortgages; Trust Deeds
Section 86.095 - Acts not affecting priority of lien of credit instrument.
Section 86.150 - Loan agreements and promissory notes to state maximum prepayment privilege penalty.
Section 86.160 - Definitions for ORS 86.160 to 86.185.
Section 86.205 - Definitions for ORS 86.205 to 86.275.
Section 86.245 - Interest on security protection deposits; exception.
Section 86.265 - Effect of lender violation of ORS 86.205 to 86.275.
Section 86.705 - Definitions for ORS 86.705 to 86.815.
Section 86.736 - Certificate of compliance; expiration.
Section 86.741 - Attorney General duties and powers; payments; rules.
Section 86.744 - Foreclosure Avoidance Fund.
Section 86.752 - Foreclosure by advertisement and sale.
Section 86.756 - Notice to grantor; requirements; additional forms; rules.
Section 86.761 - Failure to give notice to grantor; remedy.
Section 86.764 - Notice of sale for certain persons.
Section 86.771 - Contents of notice of sale; additional notices; contents and requirements.
Section 86.774 - Service and publication of notice; recording proof of compliance.
Section 86.778 - Discontinuance of foreclosure proceedings after cure of default.
Section 86.786 - Request for information from trustee.
Section 86.789 - Information provided by trustee.
Section 86.794 - Disposition of proceeds of sale.
Section 86.797 - Effect of sale; actions for deficiency; restrictions.
Section 86.812 - Impermissible conditions for approving short sale or sale of note; exceptions.
Section 86.815 - Time within which foreclosure must be commenced.