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

1. (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. (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. (3) Misrepresents to a borrower any material information regarding a loan modification;
4. (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. (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. (6) Fails to deal with a borrower in good faith.

Statutory/Other Authority

ORS 646.608(4)

Statutes/Other Implemented

ORS 646.608(1)(u) and (4)

History

DOJ 12-2012, f. 7-23-12, cert. ef. 7-24-12
DOJ 4-2012(Temp), f. & cert. ef. 2-15-12 thru 7-24-12