(2) Subsection (1) of this section does not apply to:
(a) A person, or an affiliate of the person, that in all operations within the United States during the calendar year services fewer than 5,000 residential mortgage loans, excluding loans that the person or the person’s affiliate originates or owns.
(b) A financial institution, as defined in ORS 706.008.
(c) A person that has obtained a license under ORS 725.140.
(d) A financial holding company or bank holding company, both as defined in ORS 706.008, if the financial holding company or bank holding company does not do more than control an affiliate or a subsidiary, as defined in 12 U.S.C. 1841(d), and does not engage in business as a residential mortgage loan servicer.
(e) An attorney who is licensed or otherwise authorized to practice law in this state if the attorney:
(A) Services a residential mortgage loan as an ancillary matter while representing a client; and
(B) Does not receive compensation from a residential mortgage loan servicer.
(f) An agency or instrumentality of this state or the United States.
(g) A housing finance agency, as defined in 24 C.F.R. 266.5.
(h) An institution that the Farm Credit Administration regulates.
(i) A person that the Director of the Department of Consumer and Business Services designates by rule or order as exempt, including but not limited to a nonprofit organization that promotes affordable housing or financing.
(3) Notwithstanding subsection (2) of this section, the director may require any person to obtain a license under ORS 86A.309 before servicing a residential mortgage loan if the director determines that the person has violated state or federal law or has engaged in a course of dealing that is fraudulent, deceptive or dishonest.
(4)(a) If the director reasonably believes that a person is subject to ORS 86A.303 to 86A.339 or is engaging in or is about to engage in an act or practice that constitutes servicing a residential mortgage loan in this state without first obtaining a license as provided in subsection (1) of this section, the director may:
(A) Order the person to:
(i) Cease and desist from the act or practice; or
(ii) Affirmatively perform an act; or
(B) Apply to a circuit court of this state to enjoin the person from engaging in the act or practice.
(b) The director shall state in reasonable detail the facts on which the director bases an order under paragraph (a)(A) of this subsection.
(c) If a person that is subject to an order under paragraph (a)(A) of this subsection requests a hearing, the director shall schedule and give notice of a hearing in accordance with ORS chapter 183. If the person does not request a hearing, the director’s order becomes final 30 days after the date of the order.
(5) Notwithstanding ORS 86A.175 (2), the director shall regulate mortgage servicers under ORS 86A.303 to 86A.339, including mortgage servicers that hold other licenses the director issued. [2017 c.636 §3]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 086A - Mortgage Lending
Section 86A.100 - Definitions.
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.127 - Investigations; publicity with respect to violations; cease and desist order.
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.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.178 - Legislative findings regarding mortgage loan originators; prohibited practice.
Section 86A.186 - Mortgage loan originator criminal records checks; rules.
Section 86A.198 - Materials in languages other than English; requirements.
Section 86A.200 - Definitions.
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.227 - Corporate surety bond required; right of action; rules.
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.312 - Licensee’s principal place of business; registered agent; assumed business name.
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.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.