OAR 137-020-0805
Unfair and Deceptive Acts in Mortgage Loan Servicing

A mortgage loan servicer engages in unfair or deceptive conduct in trade or commerce if the mortgage loan servicer:

(1)

Assesses a late fee or delinquency charge for a full payment made on or before the payment’s due date or within the grace period applicable for the payment;

(2)

Assesses or collects any default-related fee or charge that the servicer is not legally authorized to assess or collect under the terms of the residential mortgage loan, deed of trust, or mortgage;

(3)

Misrepresents to a borrower any material information regarding a loan modification;

(4)

Misrepresents any information set forth in an affidavit, declaration, or other sworn statement detailing a borrower’s default and the servicer’s right to foreclose;

(5)

Fails to comply with the requirements of the following provisions of the Real Estate Settlement Procedures Act of 1974, as in effect on January 1, 2012: 12 USC 2605(b), 12 USC 2605(c), 12 USC 2605(d), or 12 USC 2605(e); or,

(6)

Fails to deal with a borrower in good faith.

Source: Rule 137-020-0805 — Unfair and Deceptive Acts in Mortgage Loan Servicing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-020-0805.

137–020–0010
Trade Practices Act 137–020–0015
Misleading Use of “Free” Offers and Rebates 137–020–0020
Motor Vehicle Price and Sales Disclosure 137–020–0025
Mobile Home Consignment 137–020–0030
Updating 137–020–0040
Adoption of FTC Used Car Rule, Federal Truth-in-Lending Act, and Federal Consumer Leasing Law 137–020–0050
Motor Vehicle Advertising 137–020–0100
Plain Language 137–020–0150
Gasoline Price Advertising 137–020–0160
Sales Practices 137–020–0200
Definitions 137–020–0201
Registration 137–020–0202
Filing Information 137–020–0203
Information to Be Provided Each Prospective Purchaser 137–020–0205
Refusal to Issue or Renew Registration 137–020–0250
Loan Brokers and Misleading Activities 137–020–0261
Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods 137–020–0300
Unordered Real Estate, Goods, or Services 137–020–0410
Definitions and Exemptions 137–020–0420
Rules of Unique Application to Contests 137–020–0430
Rules of Unique Application to Sweepstakes 137–020–0440
Prohibitions Applicable to All Promotions (Including Schemes, Sweepstakes, and Contest) 137–020–0460
Requests for Removal from Sweepstakes Promotion Mailing List 137–020–0505
Manufactured Dwelling Rules 137–020–0520
Definitions 137–020–0535
Unfair Trade Practices 137–020–0550
Manufactured Dwelling Purchase Agreement 137–020–0565
Landlord’s Written Site Improvement Disclosure Statement 137–020–0600
Misrepresentation of Notarial Powers 137–020–0705
Purpose 137–020–0707
Definitions 137–020–0709
Standards and Guidelines for Mediation 137–020–0711
Mediator Qualifications and Training 137–020–0713
Costs of Participation, Collection of Data 137–020–0800
Definitions 137–020–0805
Unfair and Deceptive Acts in Mortgage Loan Servicing
Last Updated

Jun. 8, 2021

Rule 137-020-0805’s source at or​.us