ORS 86A.227
Corporate surety bond required

right of action
rules

Text
Annotations

(1)

A person that employs a mortgage loan originator shall file with the Director of the Department of Consumer and Business Services a corporate surety bond that runs to the State of Oregon and that covers each mortgage loan originator the person employs. The corporate surety bond must be issued by a corporate surety or an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act), that is authorized to transact business in this state.

(2)

The director by rule shall:

(a)

Prescribe the form of the corporate surety bond;

(b)

Require the person to maintain the corporate surety bond in an amount that reflects the dollar amount of the loans the person originated or in a minimum amount the director specifies; and

(c)

Prescribe other requirements for the corporate surety bond as are necessary to accomplish the purposes of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier).

(3)

A right of action against the corporate surety bond required under this section exists to the same extent that a right of action exists under ORS 86A.151 (Liability of person that employs mortgage loan originator).

(4)

The director may require the person to file a new corporate surety bond if an action is commenced against the corporate surety bond on file with the director. The person shall file a new corporate surety bond immediately if a recovery is obtained against the bond. [2009 c.863 §9]

Source: Section 86A.227 — Corporate surety bond required; right of action; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors86A.html.

86A.095
Short title 86A.100
Definitions 86A.103
License required to engage in residential mortgage transactions as mortgage banker or mortgage broker 86A.106
Procedures for licensing 86A.109
Expiration of initial license 86A.112
Licensees to keep records 86A.115
Grounds for denying, suspending, conditioning or revoking license 86A.118
Action against applicant or licensee for act or omission of associate 86A.121
Cancellation of license or application 86A.124
Supervisory authority of director over mortgage bankers, mortgage brokers and mortgage loan originators 86A.127
Investigations 86A.130
Enjoining violations 86A.133
Procedures where assets or capital of mortgage banker or mortgage broker found impaired 86A.136
Rules 86A.139
Notice of orders 86A.142
Judicial review of orders 86A.145
Oaths and subpoenas in proceedings before director 86A.148
Copies of documents 86A.151
Liability of person that employs mortgage loan originator 86A.154
Fraud and deceit with respect to mortgage banker or mortgage broker business 86A.157
Clients’ Trust Account 86A.160
Notice to bank regarding Clients’ Trust Account 86A.163
Prohibited advertisements 86A.166
Designation of principal place of business 86A.169
Disclosure required before closing mortgage loan or mortgage banking loan 86A.172
Advisory committee 86A.175
Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker 86A.178
Legislative findings regarding mortgage loan originators 86A.183
Prohibited conduct for mortgage bankers, mortgage brokers and mortgage loan originators 86A.186
Mortgage loan originator criminal records checks 86A.195
Restrictions on negative amortization loans 86A.196
Notice of reverse mortgage prohibition in homestead property tax deferral program 86A.198
Materials in languages other than English 86A.200
Definitions 86A.203
License and unique identifier for mortgage loan originator 86A.206
Application for license 86A.209
Interim license 86A.212
Findings required for issuing license 86A.215
Education and testing requirements for license 86A.218
License renewal 86A.221
Continuing education requirements for mortgage loan originator 86A.224
Denying, suspending, conditioning, revoking or declining to renew license 86A.227
Corporate surety bond required 86A.230
Contracts or agreements with Nationwide Mortgage Licensing System and Registry and other agencies 86A.233
Production of records 86A.236
Prohibited activities 86A.239
Display of license and unique identifier 86A.242
Rules 86A.300
Short title 86A.303
Definitions 86A.306
License requirement 86A.309
Application for license 86A.312
Licensee’s principal place of business 86A.315
Required liquidity, operating reserves and tangible net worth 86A.318
Required notices to director 86A.321
Director’s supervisory authority 86A.324
Duties of mortgage loan servicer 86A.327
Complaints 86A.330
Violations 86A.333
Additional duties of licensee 86A.336
Suspension or removal of licensee’s director or officer 86A.339
Additional duties of mortgage loan servicer 86A.990
Criminal penalties for violations of ORS 86A.095 to 86A.198 86A.992
Civil penalties for violations of ORS 86A.095 to 86A.198

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§ 86A.227’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_86a.227

Original Source: Section 86A.227 — Corporate surety bond required; right of action; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors86A.html (last accessed Aug. 25, 2023).