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Mortgage Lending

Oregon Revised Statute 59.840 to 59.996

Important notice: On May 1, 2008, a new law, ORS 59.860(3), went into effect which expands enforcement over loan originators by allowing the Department of Consumer and Business Services (DCBS) to ban or suspend loan originators from engaging in dishonest or fraudulent practices. DCBS will maintain a registry of loan originators and list complaints made against them as well as actions taken.

The bill also requires lenders to file an annual report with DCBS detailing their lending activity. The timing and data required by the report were set by administrative rule, located at OAR 441-865-0024, which requires that each licensee file a report regarding its 2007 business practices by August 30, 2008. Licensees that fail to file the annual report may be subject to a civil penalty of up to $100 per day for each day the report is late.

The division has posted the annual report form on our web site at https://www4.cbs.state.or.us/exs/dfcs/mlrpt/. The form is completed online and must be completed by August 30, 2008. For security purposes, you will need your license number and PIN number to access the report form. The PIN number is the same one that you use with our online licensing system. For answers to frequently asked questions, including how to find your PIN number, please click here.

Beginning on Jan. 1, 1994, the State of Oregon required licensing for mortgage bankers and mortgage brokers. The licensing law required that each licensee maintain a surety bond or irrevocable letter of credit of at least $25,000 and use an in-state clients' trust account if the licensee accepts clients' funds prior to the close of escrow. Each licensee is also required to employ an experienced person who has at least three years experience in mortgage lending. The law provides for the licensing of the company, not the individual loan originators.

Since Jan. 1, 2002, licensees have been required to notify DFCS of the names of loan originators working for the licensee that originate Oregon residential mortgage loans. All loan originators also must complete 20 hours continuing education every 2 years.

Consumer information
Licensee information
General information

Forms
Affidavit and undertaking - no clients' trust account 440-2776
last updated: 06/01/2007
PDF  | Word 
Change of name or address request 440-3919
last updated: 03/08/2006
PDF  | Word 
Clients' trust account, notice of 440-2777
last updated: 03/08/2006
PDF  | Word 
Examination - loan worksheet 440-3369
last updated: 03/08/2006
PDF  | Word 
Examination report 440-3368
last updated: 08/31/2007
PDF  | Word 
Interest Rate Lock/Float Agreement 440-4828
last updated: 08/20/2008
PDF  | Word 
Investor Disclosure Information 440-4827
last updated: 08/20/2008
PDF  | Word 
Loan originator notification form 440-2772
last updated: 03/08/2006
PDF  | Word 
Loan originator termination notification 440-2907
last updated: 03/08/2006
PDF  | Word 
Mortgage lender application package 440-2773, etc.
last updated: 06/28/2007
PDF  | Word 
New branch application 440-3910, etc.
last updated: 03/08/2006
PDF  | Word 
Nonprofit applying for mortgage lender licensing exclusion request 440-3457
last updated: 12/15/2006
PDF  | Word 
Personnel Information Ledger 440-4826
last updated: 08/27/2008
PDF  | Word 
Section 5 - Affiliated Person Information 2894
last updated: 03/08/2006
PDF  | Word 
Surety bond form 440-2775
last updated: 06/28/2007
PDF  | Word 


Press releases and consumer alerts
State takes enforcement action against four mortgage brokers
Cases involve unethical behavior, falsified loan documents, training requirements
- 08/13/08
Oregon receives grant money for foreclosure counseling and assistance - 03/17/08
State issues fines, enforcement orders in 4 mortgage lending cases - 08/16/07
Department offers advice to help consumer avoid foreclosure - 08/9/07
AG Myers and DCBS remind Oregonians of restitution eligibility in $325 million Ameriquest settlement - 07/12/07
State orders $46,000 in fines against promoters of illegal mortgage rescue scheme - 06/20/07
State issues fines, enforcement orders in 2 mortgage lending cases - 06/7/07
State orders two mortgage providers to stop illegal activity - 04/17/07
State to strengthen regulation of mortgage lenders - 01/18/07
Mortgage Lending Requirements Strengthened - 01/17/07



Resources: Consumer protection
Identity theft
Spam e-mail
Resources: Mortgage lenders (includes criminal records checks)
Comptroller of the Currency (OCC) Administrator of National Banks
Criminal records checks (National Association of Professional Background Screeners)
Department of Housing and Urban Development (HUD)
How to advertise consumer credit correctly
Industry FAQs about Real Estate Settlement Procedures Act (RESPA)
Mortgage Lending Education Board
National Association of Independent Fee Appraisers
Office of Thrift Supervision Regulator for federally chartered savings and loans
Oregon Association of Mortgage Brokers (OAMB)
Resources: Registering a business
Assumed business names
Business registry
List of known agents for service of process


Statutes and Administrative Rules
    Securities Regulation; Mortgage Bankers and Brokers ORS Chapter 59
    Custody of client funds OAR Chapter 441, Div. 875
    License cancellation OAR Chapter 441, Div. 885
    Licensing OAR Chapter 441, Div. 860
    Loan originators OAR Chapter 441, Div. 880
    Public records, fees, opinion requests, rulemaking OAR Chapter 441, Div. 850
    Records and reports requirements OAR Chapter 441, Div. 865
    Unethical practices OAR Chapter 441, Div. 870

 

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