Section 86A.236 - Prohibited activities A person who is subject to regulation under ORS 86A.200 to 86A.239 in connection with the person's activities as a mortgage loan originator may not:
(1) Perform an act as a mortgage loan originator in a negligent or incompetent manner;(2) Employ a device, scheme or artifice to defraud or engage in an act, practice or course of business that operates or would operate as a fraud or deceit;(3) Knowingly make an untrue statement of a material fact or omit from a statement a material fact that would make the statement not misleading in light of the circumstances under which the person makes the statement;(4) Make or file or cause to be made or filed with the Director of the Department of Consumer and Business Services a statement, report or document that the person knows is false in a material respect or matter;(5) Engage in an unfair or deceptive practice toward another person;(6) Obtain property by fraud or misrepresentation;(7) Solicit or enter into a contract with a borrower, the terms of which provide that the person may earn a fee or commission for using the person's best efforts to obtain a residential mortgage loan even if the person does not obtain a residential mortgage loan for the borrower, except that the terms of the contract may provide that the person may earn an advance fee or recover actual expenses that the person incurs;(8) Solicit, advertise or enter into a contract, the terms of which specify an interest rate, points or other financing terms unless the interest rate, points or other financing terms are available to a prospective borrower at the time the person makes the solicitation or advertisement or enters into the contract;(9) Conduct or operate a business that requires a mortgage loan originator's license without holding a license issued under ORS 86A.212 or 86A.218 or assist or enable another person who does not have a mortgage loan originator's license to conduct or operate a business that requires a mortgage loan originator's license;(10) Fail to disclose or provide information required under ORS 86A.200 to 86A.239 or by state or federal laws, rules or regulations;(11) Fail to comply with a provision of ORS 86A.200 to 86A.239, a rule adopted by the Director of the Department of Consumer and Business Services or state or federal laws, rules or regulations that apply to a business that is subject to regulation under ORS 86A.200 to 86A.239;(12) Fail to conduct business as a mortgage loan originator in compliance with the provisions of:(a) The Truth in Lending Act, 15 U.S.C. 1601 et seq. and Regulation Z, 12 C.F.R. part 226, as in effect on October 1, 2009;(b) The Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq. and Regulation X, 24 C.F.R. part 3500, as in effect on January 1, 2010;(c) The Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq. and Regulation B, 12 C.F.R. 202.9, 202.11, 202.12 and 202.14, as in effect on July 30, 2009; or(d)12 U.S.C. 5101 et seq. and regulations adopted under 12 U.S.C. 5101 et seq.;(13) Make, negligently or intentionally, a false or deceptive statement or representation in any manner concerning the rates, points or other financing terms or conditions for a residential mortgage loan;(14) Make a false statement negligently in, or omit knowingly or willfully a material fact from, a report or information the person submits to a government agency or the Nationwide Mortgage Licensing System and Registry or in connection with an investigation or examination conducted by the director or a government agency;(15) Make a payment, threat or promise, directly or indirectly, to another person for the purpose of influencing the other person's independent judgment concerning a residential mortgage loan or to an appraiser for the purpose of influencing the appraiser's independent judgment concerning the value of property;(16) Charge or collect, attempt to charge or collect or propose or enter into an agreement in which the person charges or collects a fee that is prohibited under ORS 86A.200 to 86A.239;(17) Cause or require a borrower to obtain property insurance in an amount that exceeds the replacement cost of the property subject to the residential mortgage loan; or(18) Fail to account truthfully for moneys that belong to a party to a residential mortgage loan transaction.