{"data":{"id":"us-or/ors-86a.339","jurisdiction":"us-or","citation":"ORS 86A.339","heading":"Additional duties of mortgage loan servicer; prohibited practices.","body":"(1) A person that performs a residential mortgage loan modification service for compensation or gain shall:\n      (a) Comply with all applicable state and federal laws;\n      (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\n      (c) Inform the borrower immediately in writing if:\n      (A) The owner of the residential mortgage loan needs additional information to process or consider the request; or\n      (B) The owner of the residential mortgage loan will not consider a modification of the terms.\n      (2) A person that performs a residential mortgage loan modification service for compensation or gain may not:\n      (a) Charge a fee before providing the service for which the person charges the fee;\n      (b) Charge a fee that is not reasonable or that exceeds the usual and customary fees for the service the person provides; or\n      (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:\n      (A) Waive the borrower’s:\n      (i) Legal defenses, available counterclaims or other legal rights against the person;\n      (ii) Right to contest a foreclosure; or\n      (iii) Right to receive notice before a foreclosure proceeding begins;\n      (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\n      (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.\n      (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]\nPENALTIES","path":["02 - Business Organizations, Commercial Code","9. Mortgages and Liens","Chapter 86A — Mortgage Lending"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors086A.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"044fab9685cb2c6945d568f682692028b0a4e91546afd71f1229b288ca34025b","source_id":"us-or","stale":false,"prev":"us-or/ors-86a.336","next":"us-or/ors-86a.990"},"notice":"GroundRules: Original legal text. Not legal advice."}