2019 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 086A - Mortgage Lending
Section 86A.339 - Additional duties of mortgage loan servicer; prohibited practices.
(1) A person that performs a residential mortgage loan modification service for compensation or gain shall:
(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]
