(1)The Department may request to be subrogated to the rights of a Participating Financial Institution to the pledges and security, pursuant to OAR 123-018-0120 (Available Collateral, Guarantees and Other Security Not Realized).
(2)The Department may make such a request if the Department believes that it would be able to take effective and proper action to more completely realize a return on the remaining available collateral or other sources of security, compared to the Lender, regardless of whether:
(a)The Lender has indicated its inability or unwillingness to take such action;
(b)Full or partial recovery of the Lender’s loss has occurred through reimbursement of the Loss claim by the Department or by combination of such reimbursement and by liquidation or realization of pledges and security.
(3)In response to such a request, the Lender shall promptly subrogate its rights to the Department, providing the Department with originals of all applicable documents, accompanied by enforceable assignments and conveyances to the Department.
Rule 123-018-0130 — Subrogation,