ORS 725.360
Licensee duty toward borrowers


Every licensee shall:

(1)

Deliver to the borrower at the time any loan is made a statement in the English language showing in clear and distinct terms:

(a)

The name and address of the borrower and of the licensee.

(b)

The amount and the date of the loan and of its maturity or terms of payment.

(c)

The rate of interest agreed upon or consideration to be charged therefor.

(d)

The nature of the security for the loan, if a lien on personal property has been taken by chattel mortgage, bill of sale, collateral agreement or otherwise.

(2)

Make available to the borrower upon request a plain and complete receipt for all payments made on account of any such loan at the time such payments are received by the licensee, specifying the amount applied to interest, if any, the date to which the interest is paid, the amount applied to principal, if any, and the unpaid principal balance of such loan, if any remains.

(3)

Permit payment to be made in advance in any amount on any loan at any time.

(4)

Upon repayment of the loan in full or upon renewal thereof, mark indelibly such obligation signed by the borrower with the word “Paid” or “Renewed.” In the case of repayment in full the licensee also shall do the following:

(a)

To the extent and in the manner required by law, release any mortgage or security agreement that no longer secures a loan, and restore any security or collateral.

(b)

Release any Uniform Commercial Code filing that no longer secures a loan, to the extent and in the manner required by ORS 79.0513 (UCC 9-513. Termination statement).

(c)

Return any assignment given by the borrower.

(d)

Return to the borrower the canceled note evidencing the loan or alternatively, acknowledge in writing to the borrower that the loan has been repaid. [Amended by 1971 c.450 §4; 1973 c.428 §5; 1975 c.567 §3; 1987 c.650 §17; 2001 c.445 §182]

Source: Section 725.360 — Licensee duty toward borrowers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors725.­html.

725.010
Definitions
725.015
Construction of chapter
725.020
Short title
725.045
Prohibition on making certain consumer finance loans without license
725.050
Prohibited transactions
725.060
False advertising prohibited
725.110
Requirement that licensee be qualified to conduct business in this state
725.120
Application for license
725.140
Issuance of license
725.145
Disapproval of application for license
725.150
Notice of disapproval of application
725.160
Form of license
725.185
License fees
725.190
Report of licensee
725.210
Additional licenses to same applicant
725.220
Change of place of business
725.230
Revocation and suspension of licenses
725.235
Procedure for license denial, revocation or suspension
725.250
Surrender of license
725.260
Effect of revocation, suspension or surrender of license
725.270
Reinstatement of revoked license
725.310
Investigation and examination by director
725.312
Inspection and examination of licensees
725.315
Removal or suspension of officer of licensee
725.317
Removal of officer of licensee for reasons stated in ORS 725.145
725.319
False information in course of investigation or examination prohibited
725.320
Rulings of director
725.330
Books and records of licensee
725.340
Interest and other charges
725.345
Open-end loan plan
725.347
Open-end credit card plan authorized
725.349
Application of ORS 725.210 to certain loans and advances
725.355
Prohibition against assignment of earnings for loan security
725.360
Licensee duty toward borrowers
725.370
Lawful loans in other jurisdictions not affected by this chapter
725.385
Duty to give notice of defalcation to law enforcement officer, director
725.395
Director to give notice of suspected defalcation to law enforcement agency
725.400
Cease and desist order
725.410
Enforcement actions
725.505
Rulemaking authority
725.510
Person not liable for good faith acts or omissions
725.910
Civil penalties
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