OAR 137-110-0620
Documents Required of the Beneficiary
(1)
Within 25 days after the service provider makes the information the grantor provided under Oregon Laws 2013, chapter 304, and OAR 137-110-0610 (Documents Required of the Grantor) available to the beneficiary, the beneficiary shall provide the following documents to the service provider for provision to the grantor:(a)
Copies of:(A)
The residential trust deed; and(B)
The promissory note that is evidence of the obligation that the residential trust deed secures and that the beneficiary or beneficiary’s agent certifies is a true copy;(b)
The name and address of the person that owns the obligation that is secured by the residential trust deed;(c)
A record of the grantor’s payment history for the longer of the preceding 12 months or since the beneficiary last deemed the grantor current on the obligation;(d)
An itemized statement that shows:(A)
The amount the grantor owes on the obligation, itemized to reflect the principal, interest, fees, charges and any other amounts included within the obligation; and(B)
The amount the grantor must pay to cure the grantor’s default;(e)
A document that identifies:(A)
The input values for each net present value model that the beneficiary or the beneficiary’s agent uses in this transaction; and(B)
The output values that each net present value model produces;(f)
The appraisal or price opinion the beneficiary relied on most recently to determine the value of the property that is the subject of the residential trust deed;(g)
The portion of any pooling agreement, servicing agreement or other agreement that the beneficiary cites as a limitation or prohibition on modifying the terms of the obligation, together with a statement that describes the extent to which the beneficiary sought to have the limitation or prohibition waived;(h)
A description of any additional documents the beneficiary requires to evaluate the grantor’s eligibility for a foreclosure avoidance measure.(2)
Nothing in section (1)(e) of this rule requires a beneficiary or the beneficiary’s agent to disclose the algorithmic formula of the net present value model used by the beneficiary or the beneficiary’s agent.(3)
If a beneficiary fails to timely provide documents as required by section (1) of this rule, the grantor and the beneficiary shall nevertheless appear at the resolution conference. A beneficiary who fails to provide a document required by this rule is at risk of the resolution conference concluding without the beneficiary receiving a certificate of compliance.
Source:
Rule 137-110-0620 — Documents Required of the Beneficiary, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-110-0620.