The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIVISION OF FINANCE AND CORPORATE SECURITIES

441-885-0010

Cancellation of Mortgage Banker Or Mortgage Broker License for Failure to Maintain Corporate Surety Bond or Irrevocable Letter of Credit

(1) The director may cancel the license of a mortgage banker or mortgage broker for failing to maintain a corporate surety bond or irrevocable letter of credit as required by ORS 59.850 and OAR 441-860-0090 or 2009 Or Laws ch. 863, ¦ 9 and OAR 441-860-0085. The procedure for canceling a mortgage banker or mortgage broker license under this rule is as follows:

(a) Upon notification from the surety of notice of intent to cancel the corporate surety bond, or upon notification from the financial institution of notice of intent to cancel the irrevocable letter of credit, the director shall send written notice to the mortgage banker or mortgage broker. This notice shall be sent by certified mail within three business days of receipt of notification from the surety or financial institution. Failure to send the notice within three business days will not preclude cancellation under subsection (1)(b) of this rule.

(b) If the director does not receive an effective corporate surety bond or irrevocable letter of credit by 5 p.m. Pacific Time seven business days after the corporate surety bond or letter of credit cancellation date, the director shall cancel the license of the mortgage banker or mortgage broker. The cancellation of the mortgage banker or mortgage broker license shall be effective as of the corporate surety bond or irrevocable letter of credit cancellation date. For purposes of this rule, an effective corporate surety bond or irrevocable letter of credit is one that commences no later than the cancellation date of the previous corporate surety bond or irrevocable letter of credit.

(2) A mortgage banker or mortgage broker whose license has been cancelled may obtain a mortgage banker or mortgage broker license in Oregon by submitting a new application.

(3) Upon cancellation of a mortgage banker or mortgage broker license all rights under the license are terminated, except that the director shall retain jurisdiction to investigate the professional activities pursuant to ORS 59.880.

(4)(a) The director may change the mortgage loan originator’s license status to inactive if the director finds that the mortgage loan originator is not covered by a corporate surety bond or the corporate surety bond covering the mortgage loan originator is maintained in an insufficient amount under OAR 441-860-0085.

(b) The director may change the mortgage loan originator’s license status to approved if the mortgage loan originator provides evidence acceptable to the director that the mortgage loan originator is covered by a corporate surety bond or the corporate surety bond covering the mortgage loan originator is maintained in a sufficient amount under OAR 441-860-0085.

Stat. Auth.: ORS 59.850, 2009 OL Ch 863, ¦ 13a
Stats. Implemented: ORS 59.875, 2009 OL Ch 863, ¦ 9
Hist.: FCS 3-1993, f. & cert. ef. 11-15-93; FCS 4-1999, f. & cert. ef. 12-23-99; FCS 14-2009, f. 12-30-09 cert. ef. 1-4-10