2019 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 646A - Trade Regulation
Section 646A.705 - Persons that are not foreclosure consultants.
The following are not foreclosure consultants for purposes of ORS 646A.702 to 646A.720:
(1) An individual licensed to practice law in this state, if performing services within an attorney-client relationship.
(2) A person that holds or is owed an obligation that is secured by a lien on a residence in foreclosure or default, if performing services in connection with the obligation or lien.
(3) A person doing business under authority of an Oregon or federal law regulating banks, trust companies, savings and loan associations, credit unions or insurance companies, or as a licensee under ORS chapter 725, if performing business services within the scope of that authority or license.
(4) A subsidiary, affiliate or agent of a person described in subsection (3) of this section, if performing business services within the scope of the person’s authority or license as the person’s subsidiary, affiliate or agent.
(5) The judgment creditor of a homeowner, if the creditor’s claim accrued before a notice of sale was sent to the creditor under ORS 86.764.
(6) A title insurer authorized to conduct business in Oregon or an insurance producer licensed to conduct business in Oregon, if performing title insurance or settlement services within the scope of that authority or license.
(7) A mortgage broker or mortgage lender licensed under ORS 86A.095 to 86A.198 to conduct business in Oregon, if acting within the scope of that license.
(8) A real estate licensee under ORS 696.022 or an escrow agent licensed under ORS 696.511, if acting within the scope of that license.
(9) A tax-exempt organization that offers counseling or advice to homeowners in foreclosure, if the organization:
(a) Is not directly or indirectly related to for-profit lenders or foreclosure purchasers;
(b) Does not contract to provide services to or receive services from for-profit lenders or foreclosure purchasers; and
(c) Has provided counseling or advice to homeowners for five years or more.
(10) A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court.
(11) Any person whose employment with regard to a residential real property matter under the jurisdiction of the United States Bankruptcy Court is approved by order of the bankruptcy court.
(12) A person that is a member of the homeowner’s family or is owned or controlled by a member of the homeowner’s family. [2008 c.19 §3; 2011 c.9 §83]
