(a) Comply with all applicable state and federal laws;
(b) Provide the borrower with a summary of the material terms of any agreement under which the licensee provides services related to a modification of the borrower’s residential mortgage loan; and
(c) Inform the borrower immediately in writing if:
(A) The owner of the residential mortgage loan needs additional information to process or consider the request; or
(B) The owner of the residential mortgage loan will not consider a modification of the terms.
(2) A person that performs a residential mortgage loan modification service for compensation or gain may not:
(a) Charge a fee before providing the service for which the person charges the fee;
(b) Charge a fee that is not reasonable or that exceeds the usual and customary fees for the service the person provides; or
(c) Require or encourage a borrower, as a condition of modifying the terms of a residential mortgage loan or providing a service related to modifying the terms of a residential mortgage loan, to:
(A) Waive the borrower’s:
(i) Legal defenses, available counterclaims or other legal rights against the person;
(ii) Right to contest a foreclosure; or
(iii) Right to receive notice before a foreclosure proceeding begins;
(B) Pay a fee, charge or assessment for which the residential mortgage loan agreement, a servicing agreement or a related agreement does not provide; or
(C) Cease communications with the person, the trustee or beneficiary in a trust deed, the owner or a servicer of the borrower’s residential mortgage loan or any other person with which the borrower has the right or duty to communicate concerning the residential mortgage loan.
(3) A person that does not comply with subsection (1) of this section or that engages in conduct that is prohibited under subsection (2)(a) or (b) of this section violates ORS 86A.154. [2017 c.636 §14]
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.