2021 Oregon Revised Statutes
Chapter 086A - Mortgage Lending
Section 86A.160 - Notice to bank regarding Clients’ Trust Account.


______________________________________________________________________________
NOTICE OF CLIENTS’ TRUST ACCOUNT
To: (name of bank) ________
I, ____________, am the (owner, president, managing general partner or other position description) ____________ of (name of mortgage banker or mortgage broker) ____________ and am authorized to act on behalf of (name of mortgage banker or mortgage broker) ____________.
Under the provisions of ORS 86A.157, I am required to maintain in Oregon a Clients’ Trust Account for the purpose of holding funds belonging to others.
With regard to the account(s) numbered _________ which is/are designated as a Clients’ Trust Account, the account(s) is/are maintained with you as a depository for money belonging to persons other than myself and in my fiduciary capacity as a mortgage banker or mortgage broker established by client agreements in separate documents.
Dated: (insert date)
__________________
(signature of person authorized to act
on behalf of mortgage banker
or mortgage broker)
ACKNOWLEDGMENT OF RECEIPT
I, _______________, a duly authorized representative of (bank) ______, do hereby acknowledge receipt of the above NOTICE OF CLIENTS’ TRUST ACCOUNT on (date) ______. &$CONT
__________________
__________________
______________________________________________________________________________
(2) The acknowledged copy of the notice described in subsection (1) of this section shall be retained by the mortgage banker or mortgage broker as provided in ORS 86A.157 for the retention of trust account records, subject to inspection by the Director of the Department of Consumer and Business Services or the director’s authorized representative. [Formerly 59.940]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 086A - Mortgage Lending

Section 86A.100 - Definitions.

Section 86A.103 - License required to engage in residential mortgage transactions as mortgage banker or mortgage broker.

Section 86A.106 - Procedures for licensing; experience required; certification; surety bond or letter of credit; fees; rules.

Section 86A.109 - Expiration of initial license; renewal; duration of renewed license; change in personnel; rules.

Section 86A.112 - Licensees to keep records; inspection; filing financial reports; rules.

Section 86A.115 - Grounds for denying, suspending, conditioning or revoking license.

Section 86A.121 - Cancellation of license or application; application to surrender license.

Section 86A.124 - Supervisory authority of director over mortgage bankers, mortgage brokers and mortgage loan originators; documents exempt from disclosure.

Section 86A.127 - Investigations; publicity with respect to violations; cease and desist order.

Section 86A.130 - Enjoining violations; fine; appointment of receiver; attorney fees; damages to private parties.

Section 86A.133 - Procedures where assets or capital of mortgage banker or mortgage broker found impaired; involuntary liquidation.

Section 86A.136 - Rules; financial statements.

Section 86A.139 - Notice of orders; hearings on orders.

Section 86A.142 - Judicial review of orders.

Section 86A.145 - Oaths and subpoenas in proceedings before director.

Section 86A.148 - Copies of documents; fees; rules; effect of certification.

Section 86A.151 - Liability of person that employs mortgage loan originator; recovery of damages; limitations on proceeding; action against bond or letter of credit; attorney fees.

Section 86A.154 - Fraud and deceit with respect to mortgage banker or mortgage broker business.

Section 86A.157 - Clients’ Trust Account; examination; deposit of funds; interest; rules.

Section 86A.160 - Notice to bank regarding Clients’ Trust Account.

Section 86A.163 - Prohibited advertisements.

Section 86A.166 - Designation of principal place of business; other offices; change of personnel; registered agent.

Section 86A.175 - Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker.

Section 86A.178 - Legislative findings regarding mortgage loan originators; prohibited practice.

Section 86A.183 - Prohibited conduct for mortgage bankers, mortgage brokers and mortgage loan originators; conditions affecting employment of mortgage loan originators.

Section 86A.186 - Mortgage loan originator criminal records checks; rules.

Section 86A.195 - Restrictions on negative amortization loans; verification of borrower income; prepayment penalties.

Section 86A.196 - Notice of reverse mortgage prohibition in homestead property tax deferral program; summary of terms of reverse mortgage in advertisement or solicitation; annual notice to person with reverse mortgage or to escrow agent, title insura...

Section 86A.198 - Materials in languages other than English; requirements.

Section 86A.200 - Definitions.

Section 86A.203 - License and unique identifier for mortgage loan originator; requirements; exemptions; rules.

Section 86A.206 - Application for license; information and materials required for application; rules.

Section 86A.209 - Interim license; findings required.

Section 86A.212 - Findings required for issuing license; basis for denial; rules.

Section 86A.215 - Education and testing requirements for license; education and test providers.

Section 86A.218 - License renewal; expiration; reinstatement; rules.

Section 86A.221 - Continuing education requirements for mortgage loan originator; credit allowed.

Section 86A.224 - Denying, suspending, conditioning, revoking or declining to renew license; findings required; order; civil penalty; prohibited activity; criminal liability.

Section 86A.227 - Corporate surety bond required; right of action; rules.

Section 86A.230 - Contracts or agreements with Nationwide Mortgage Licensing System and Registry and other agencies; information sharing; confidentiality; reports of violations; rules.

Section 86A.233 - Production of records; investigations, examinations and subpoenas; possession of records; access to records; powers of director; prohibited activities.

Section 86A.236 - Prohibited activities.

Section 86A.239 - Display of license and unique identifier; rules; report of condition.

Section 86A.303 - Definitions.

Section 86A.306 - License requirement; applicability; exceptions; enforcement; rules.

Section 86A.309 - Application for license; requirements; waiver; fee; conditions for issuance and renewal and for denial, revocation or refusal; license term; rules.

Section 86A.312 - Licensee’s principal place of business; registered agent; assumed business name.

Section 86A.315 - Required liquidity, operating reserves and tangible net worth; compliance with federal standards as compliance with requirements; director’s powers to enforce compliance.

Section 86A.318 - Required notices to director; rules.

Section 86A.321 - Director’s supervisory authority; examinations; confidentiality.

Section 86A.324 - Duties of mortgage loan servicer; prohibited conduct; rules.

Section 86A.327 - Complaints; director’s power to investigate; confidentiality; exceptions.

Section 86A.330 - Violations; civil penalties; costs of investigation.

Section 86A.333 - Additional duties of licensee; required response to borrower’s request for information; account history.

Section 86A.336 - Suspension or removal of licensee’s director or officer.

Section 86A.339 - Additional duties of mortgage loan servicer; prohibited practices.

Section 86A.990 - Criminal penalties for violations of ORS 86A.095 to 86A.198.

Section 86A.992 - Civil penalties for violations of ORS 86A.095 to 86A.198.