Current through Register Vol. 63, No. 3, March 1, 2024
(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
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.
Stat. Auth.: 2013 OL Ch. 304, Sec. 3(4)(b) &
6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(4)(b) &
6(1)(g)
