reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0035 - Cancellation of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant may cancel his or her application for a State veterans' loan at
			 any time prior to receipt of the loan proceeds.
(2) The Director may cancel any application
			 if the applicant fails to comply with any of the conditions pertaining to the
			 loan.
(3) The Director may destroy
			 any application 25 months after the veteran applicant is notified of action
			 taken on an application (whether credit was approved or adverse action was
			 taken).
Stat. Auth.: ORS 183, ORS
				  406.030, ORS
				  407.115, ORS
				  407.135, ORS
				  407.145, ORS
				  407.275, ORS
				  407.305 & ORS
				  407.375
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0040 - Security for the Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 veteran shall own the home offered as security in fee simple at the time the
			 loan is closed.
(2) The State shall
			 have the first lien on the security at the time of making the loan.
(3) The security for the loan shall consist
			 of real property and the mortgage or trust deed shall include all property to
			 be acquired as a home. More than one parcel of real property may be included in
			 the security.
(4) All security must
			 include a home that is completed and ready for occupancy.
Statutory/Other Authority: ORS
				  406.005  & 407.115
Statutes/Other Implemented: ORS
				  407.075  to
				  407.385;
				  Oregon Constitution Article XI-A, Section
				  3
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0045 - Legal Description of Property Offered as Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Property offered as security must have an
			 adequate legal description from which the boundaries of the property may be
			 located.
(2) The Director may
			 require a survey to ascertain the boundary lines and location of all permanent
			 improvements on the property.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0050 - Appraisal of Property

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal shall be made to assist in establishing the loan
				value only after a complete application has been received.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115 & ORS
				  407.225(3)
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0060 - Terms of Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 maximum amount allowed for a loan may not exceed the least of:
(a) The maximum original principal balance
			 permitted on a single-family first mortgage loan by the Federal Housing Finance
			 Agency.
(b) The maximum
			 loan-to-value ratio or combined loan-to-value ratio permitted by the United
			 States Department of Veterans' Affairs for its Home Loan Guaranty Program (38
			 U.S.C 3701 et seq.; 38 C.F.R part
			 36).
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0070 - Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 will prescribe interests rates for loans. In prescribing interest rates, the
			 Director will consider the following factors:
(a) The current value of funds;
(b) The solvency of the Department's Loan
			 Program; and
(c) The rates' effect
			 on veterans.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0080 - Approval of the Loan

Current through Register Vol. 63, No. 7, July 1, 2024
The approval of any loan shall be dependent upon the
				following:
(1) The veteran applicant
			 must meet the current industry standards determined by the Department to be
			 applicable to the proposed loan. Applicable industry standards may include, but
			 are not limited to:
(a) Local lending
			 practices;
(b) FannieMae and other
			 lending organization standards; and
(c) Federal and state legal
			 requirements.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0085 - Loan Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Funding by Oregon Department of Veterans' Affairs (ODVA) of any loan is subject
			 to the discretion of the Director of Veterans' Affairs. In determining whether
			 or not to fund any loan, the Director may consider factors, including, but not
			 limited to the following:
(a) Actual or
			 projected cost of funds;
(b) Any
			 applicable federal tax or other law;
(c) Availability and source of lendable
			 funds;
(d) Actual or projected
			 conventional mortgage rates;
(e)
			 Actual or projected loan demand;
(f) Loan purpose;
(g) Eligibility of applicant;
(h) Credit worthiness of applicant;
(i) Adequacy of security for the
			 loan.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0090 - Grounds for Refusing to Make a Loan

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may refuse to make a loan to any applicant if he
				finds any of the following:
(1) Prior
			 loan experience with an applicant was unsatisfactory, including, but not
			 limited to, late payment or nonpayment on loan and impairment of
			 security.
(2) The applicant did not
			 disclose all debts or obligations as required under the terms of the loan
			 credit application.
(3) The
			 applicant has a negative cash flow.
(4) The applicant has declared bankruptcy
			 within the last three years unless:
(a) The
			 applicant or the applicant's spouse has been regularly employed, other than
			 self-employed, since the discharge; and
(b) The applicant has established credit
			 since the bankruptcy and made timely and satisfactory payments on obligations;
			 and
(c) The bankruptcy was caused
			 by circumstances beyond the applicant's control, such as uninsured medical
			 expense, layoff, strike, or divorce.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0100 - Evidence of Title

Current through Register Vol. 63, No. 7, July 1, 2024
The veteran shall furnish at his or her expense an ALTA
				Mortgagee's Title Insurance policy for the amount of the loan, a title company
				lien search, or a certificate of title.
(1) The title policy, or other reports, shall
			 show that the State has a first lien except in the case of:
(a) Property taxes not payable;
(b) A lien of a bonded irrigation or drainage
			 district, in which case all due assessments must be paid;
(c) A public improvement lien, bonded or
			 being collected by the County Tax Collector in which case all due assessments
			 must be paid;
(d) A lien for
			 Reclamation Service of the United States Government, in which case all due
			 assessments must be paid;
(e) An
			 ALTA Mortgagee's Title Insurance policy insuring the State against loss from
			 any prior encumbrance, but the encumbrance must be acceptable to the veteran
			 mortgagor.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0110 - Escrow Closing of Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All loans made by the Director of Veterans' Affairs (except for protection of
			 security loans) shall be closed by persons or firms licensed to engage in the
			 escrow business under the Oregon Escrow Laws (ORS
			 696.505 to
			 696.590), or an attorney at law
			 rendering services in the performance of duties as attorney at law.
(2) The borrower will select the escrow agent
			 or attorney for closing the loan and the borrower shall pay all escrow
			 fees.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 406 & 407
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0120 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director shall be notified in writing of any transfer of ownership or the right
			 to possess property that is used as security for a loan with the Oregon
			 Department of Veterans' Affairs (ODVA).
(2) The following are conditions that
			 constitute a transfer of an ownership interest or the right to possess the loan
			 security:
(a) A borrower takes title to the
			 property with a person other than his or her legal spouse;
(b) Contract of sale;
(c) Any deed transfer;
(d) Any other indenture that purports to
			 convey or transfer any portion of equitable title except for the following:
(A) Deed to create a life estate retained by
			 the eligible veteran mortgagor;
(B)
			 Deed to a government entity for public use as noted inORS
			 407.275(2);
(C) A purchase option that extends for a
			 period of 12 months and 32 days or more;
(D) A purchase option with a consideration of
			 three percent or more of the stated purchase price.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0125 - Rental

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may approve the rental of a security, that has
				been occupied by the veteran. The Director, when determining whether to approve
				the rental of a home that serves as security for an ODVA loan, may consider the
				following factors including but not limited to the following:
(1) The effect on the tax-exempt status of
			 bonds issued under Article XI-A of the Oregon Constitution.
(2) Whether the home was and is appropriately
			 used as the principal residence of the borrower(s).
(3) The financial integrity of the loan
			 program.
(4) Any potential
			 decreases in the value of the security.
(5) The impact on remedies available under
			 the loan documents.
(6) Whether or
			 not there has been or will be any material change in the borrower's/spouse's
			 employment.
(7) The dissolution or
			 annulment of the borrower's marriage.
(8) A significant geographical relocation by
			 the borrower.
(9) Any unusual
			 hardship for the borrower(s).
(10)
			 The borrower(s) ability to maintain the home as his/her principal
			 residence.
Publications: The publications referenced in this rule is
				  available from the agency.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.385
Stats. Implemented: ORS
				  407.385
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0130 - Modification of Mortgage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 request for modification of a mortgage must be made in writing by the
			 borrower.
(2) The borrower and the
			 Director shall agree in writing to the terms of the modification, and it shall
			 be recorded in the mortgage records in the county where the security is
			 located.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0140 - Temporary Reduction of Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event a veteran is unable to make
			 required loan payments due to loss of income because of illness, injury, death,
			 involuntary job loss, or economic stress due to factors beyond the veteran's
			 control, the veteran may apply for a temporary reduction of payments provided
			 that:
(a) The veteran is the original borrower
			 or one who assumed the loan pursuant to ORS
			 407.305;
(b) The veteran is residing in the property
			 used as security for the loan at the time he or she requests the payment
			 reduction;
(c) The veteran must
			 request the loan reduction by writing to the Director of Veterans' Affairs, c/o
			 Collection Unit, 700 Summer Street, NE, Salem, Oregon 97301-1285. The written
			 request must contain a statement describing the reason for the request, current
			 income, source of income, and must be accompanied by a copy of the veteran's
			 previous two years' federal income tax returns;
(d) The veteran must furnish any other
			 documentation requested by the Director relating to the reason for
			 request.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0145 - Loan Cancellation Life Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of the Oregon Department of
			 Veterans' Affairs (Director), prior to obtaining loan cancellation life
			 insurance for any person who receives or assumes a loan or makes a contract
			 with ODVA for the acquisition of a home, and the spouse or former spouse of
			 that person, may enter into a contract with an insurance carrier which allows
			 the carrier to:
(a) Require an application for
			 insurance;
(b) Underwrite classes
			 of prospective insureds on the basis of information, such as age and health
			 status, contained in the application;
(c) Set premium schedules commensurate with
			 risk factors for other than service-connected disability;
(d) Deny payment of benefits for suicide or
			 certain pre-existing, nonservice-connected disability.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0160 - Partial Release of Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A partial release of security may be
			 granted when the borrower submits a complete application for one and the
			 Director determines that granting the requested release would not jeopardize
			 the Department of Veterans' Affairs' security position.
(2) The remaining property must qualify as
			 security for the loan balance under the provisions of ORS
			 407.225(3) and
			 OAR
			 274-045-0040  to
			 274-045-0060.
(3) Notwithstanding compliance with section
			 (2) of this rule, the Director may require that the loan balance be reduced as
			 consideration for granting the requested release.
Publications: The publications referenced in this rule is
				  available from the agency.
Stat. Auth.: ORS 406 & ORS 407
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0170 - Confidential Nature of Information Submitted by the Borrower

Current through Register Vol. 63, No. 7, July 1, 2024
Information submitted by the veteran in support of his or her
				application shall be considered confidential and shall not be disclosed to
				persons outside the Department, unless permission is given by the veteran to
				release the information, or the information is requested by a public agency in
				the exercise of its official duty and only then at the discretion of the
				Director.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0180 - Confidential Nature of Information Procured by the Director

Current through Register Vol. 63, No. 7, July 1, 2024
Information secured by the Director in connection with a
				veteran's application for a loan shall be considered confidential and shall not
				be disclosed to persons outside the employ of the Department, unless such
				information is requested by a public agency in the exercise of its official
				duty, and only then the release shall be at the discretion of the
				Director.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0190 - Disclosure of Information and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Information in the custody of the
			 Director of Veterans' Affairs (director) will be disclosed, or protected from
			 disclosure, consistent with the provisions of ORS Chapter 192.
(2) Requests for information can be made
			 verbally, but the director reserves the right to require the request to be in
			 writing, signed and dated, naming or describing the information desired and the
			 date the information is needed. A reasonable period of time must be allowed for
			 the custodian of the records to locate and assemble the requested information.
			 Restrictions may be placed upon where the information will be delivered or made
			 available for inspection. The director shall designate a staff employee to be
			 the Department's records custodian, whose function is to perform the duties
			 necessary to manage the Department's records in accordance with all applicable
			 laws. These duties may include, but are not limited to, certifying records to
			 be true copies of the original documents on file in the custody of the
			 director.
(3) Mailing lists of
			 Oregon Department of Veterans' Affairs (ODVA) active account holders, and Vets
			 News recipients may be made available upon payment of the required fee. The
			 mailing lists will not contain the names of persons who submit a written
			 request for deletion of their name from the list on the basis that such
			 disclosure would constitute an unreasonable invasion of privacy.
(4) The following information will not be
			 disclosed except pursuant to an order issued by the director or by the Attorney
			 General of the State of Oregon:
(a) Internal
			 communications of an advisory nature preliminary to any final agency
			 determination of policy or action;
(b) The name of a confidential informant or
			 information submitted to the Department in confidence where submission of the
			 information was not required and the Department has obliged itself in good
			 faith not to disclose the information.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0200 - Director's Decisions Control in All Controversies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director shall make all
			 determinations as to the applicant's eligibility for a loan.
(2) The Director shall make all
			 determinations, based upon data and information in the file, as to whether the
			 property offered is acceptable security and whether or not a loan shall be
			 made.
(3) The Director's decision
			 shall be final in all matters pertaining to eligibility and the making of a
			 loan.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0205 - Review of Loan Determinations and Other Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person adversely affected by a
			 decision of an ODVA official may write a letter of complaint to the Director.
			 The Director or other designated official shall prepare and deposit in the
			 ordinary mail, or personally deliver, a written response within 30 days of
			 receipt of the written complaint.
(2) If the Director, or other designated
			 official supports the decision, a request may be made for an informal hearing
			 with a designated official at the Oregon Department of Veterans' Affairs
			 Office, located at 700 Summer Street, NE, Salem, Oregon 97301-1285.
(3) A request for an informal hearing shall
			 be addressed to the Director and shall state the nature of the adverse
			 decision, the date of and the person making the decision, and how the person
			 requesting the hearing is adversely affected. The Director must receive a
			 request for an informal hearing within 60 days of the date of mailing or
			 personal delivery of the response, provided for by section (1) of this rule. If
			 no letter of complaint was ever written, the requirement for a letter of
			 complaint may be waived, and the request for an informal hearing considered if
			 the request is received by the Director within 90 days of the date of the
			 decision leading to the request for an informal hearing. Unless ODVA received
			 written notice of a complaint, the right to a hearing (both informal and
			 contested) shall expire 90 days after the date the complainant had actual
			 knowledge of, or by the exercise of due care would have had knowledge of, the
			 occurrence in dispute.
(4) Within
			 30 days from receipt of a request for an informal hearing, the Director shall,
			 by mail, notify the person making the request of the action taken on the
			 request which may be:
(a) Designating an
			 official to conduct an informal hearing;
(b) Reversing or modifying the adverse
			 decision;
(c) Denying the
			 request.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0220 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of
			 Veterans' Affairs (Director) imposes fees for the following:
(a) New Loan.
(b) Partial Release, Easement, and
			 Modification of Mortgage.
(c)
			 Dishonored Check.
(d) Reissue of
			 Stale, Lost, Destroyed or Missing Document.
(e) Mineral Rights and Geothermal Resource
			 Rights Release.
(f) Borrower
			 requests to cancel private mortgage insurance.
(g) Dishonored Electronic Funds
			 Transfer.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0230 - Approved Lenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 lending institution, as defined in ORS
			 407.177(8)
			 may apply to become an Approved Lender by submitting to the Director of
			 Veterans' Affairs (Director) information required by the Director which may
			 include, but is not limited to the following for review:
(a) An application in the form prescribed by
			 the Director, including a certificate of compliance with tax laws;
(b) Its counsel's opinion regarding power and
			 authority of the lending institution to enter into a purchase agreement with
			 the Director;
(c) A list of
			 authorized officers;
(d) Its most
			 recent, audited financial statements;
(e) Financial Statement of Condition (Balance
			 Sheet) for the last two fiscal years and Profit and Loss Statement;
(f) Resumes of principal officers and key
			 employees;
(g) Company biography
			 and background;
(h) Signed and
			 executed broker agreement;
(i)
			 Resolution of the Board of Directors/Certificate of Authorized
			 Signatures;
(j) Articles of
			 Incorporation (if incorporated);
(k) Signed Credit Release
			 Authorization;
(l) Applicable
			 licenses as required by state and local law;
(m) Explanation of Quality Control
			 Procedures;
(n) W-9;
(o) Any other documentation or information
			 deemed necessary by the Director;
(p) A credit report fee may be charged to the
			 mortgage broker as part of the approved lender application process in an amount
			 not to exceed the amount charged by the credit-reporting firm. Any funds not
			 used or obligated for a credit report shall be refunded.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0240 - Loan Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 be eligible for purchase or underwriting and closing by the ODVA pursuant to a
			 commitment to an approved lender, a program loan shall be made or processed by
			 the approved lender during the period of that commitment. The loan shall comply
			 with the terms of such commitment, the requirements set forth in the agreement
			 between ODVA and the approved lender, and the conditions set forth in the rules
			 and the Post Vietnam Era Veterans' Home Loan Origination Guide/Mortgage Brokers
			 Loan Origination Guide.
(2) Each
			 Approved Lender shall make loans for single-family dwellings.
(3) Each program loan shall have a final
			 maturity of at least 15 years and not more than 40 years from the date of its
			 mailing.
(4) Each program loam
			 shall be secured by a first lien mortgage or trust deed. The veteran shall hold
			 title to the home in fee simple.
(5) No program loan shall be made to
			 refinance an existing construction or rehabilitation loan, unless such loan was
			 considered temporary financing. If a program loan is made to refinance such a
			 loan, the approved lender shall certify to Oregon Department of Veterans'
			 Affairs that the construction or rehabilitation has be satisfactorily completed
			 before the delivery of the program loan for purchase.
(6) Each program loan shall be executed on
			 forms approved by the ODVA. Such forms shall prescribe program loan
			 requirements regarding insurance, escrow payments, late charges, defaults, and
			 similar matters.
(7) The ODVA shall
			 require that program loans be subject to acceleration at the option of the ODVA
			 if at any time the veteran does not reside in the home as his/her primary
			 residence, or if the veteran is determined to have been ineligible at the time
			 the program loan was made.
(8) The
			 interest rate on each program loan shall be at the rate stated in the
			 applicable commitment issued by the ODVA.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  406.005  & 407.115
Statutes/Other Implemented: ORS
				  407.075  to
				  407.385;
				  Oregon Constitution Article XI-A, Section 3
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0250 - Reservation of Funds and Commitments

Current through Register Vol. 63, No. 7, July 1, 2024
ODVA reserves funds for individual loans in the name of the
				veteran upon request from an Approved Lender or from authorized ODVA staff.
				ODVA may solicit applications and accept loan fund reservations from Approved
				Lender(s) subject to the terms of the appropriate agreements, and the rate and
				availability of funds.
(1) ODVA will
			 reserve funds for applications at the time of:
(a) Acceptance of application for processing
			 by ODVA; or
(b) A verbal or written
			 request from an Approved Lender that an application for funding is being
			 processed.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0260 - Title Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
Each loan shall be covered by a title insurance policy issued
				in American Land Title Association (ALTA) form by a title insurer licensed by
				the State of Oregon. Such policy shall be in an amount at least equal to the
				outstanding principal balance of the program loan. The benefits of the policy
				shall run to the ODVA as either named insured or assignee. The policy shall not
				be subject to any exceptions or conditions other than those previously approved
				by the ODVA.
[The Form referenced in this rule is not printed in the OAR
				compilation. Copies are available from the agency.]
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.177, ORS
				  407.179& ORS
				  407.181
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0270 - Hazard Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
The home securing a program loan shall be covered by hazard
				insurance, which meets the requirements of the rules and the
Post Vietnam
				Era Veterans' Home Loan Origination Guide/Mortgage Brokers Loan Origination
				Guide
, a copy of the Guide is on file with the Oregon Department of
				Veterans' Affairs, 700 Summer Street NE, Salem, Oregon 97301-1285, and is
				available to the public during normal business hours. Such hazard insurance
				shall be in effect prior to purchase or funding of the program loan, and shall
				remain in effect for the term of the program loan. The ODVA shall be named as
				the mortgagee insured.
Publications: The publication(s) referenced in this rule is
				  available from the agency.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.177, ORS
				  407.179& ORS 407.18
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0280 - Flood Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director of the Oregon Department of Veterans' Affairs (Department) shall
			 require that the location of the security on all loan applications received by
			 the Department is reviewed and a determination made as to whether flood
			 insurance will be required as a condition of the loan.
(2) A flood determination fee will be charged
			 to the borrower equal to the amount charged by the flood determination
			 reporting company at the time the application is submitted.
(3) All flood determinations are to be
			 provided for the duration of the loan while it exists in the Department's
			 portfolio (more commonly referred to as life-of-loan tracking).
(4) The flood determination company must meet
			 the qualifications as determined by the Department by applying relevant
			 industry standards.
(5) Based on
			 the determination that the security for the loan is located in an area
			 classified as a special flood hazard area, the Director shall require the
			 borrower to purchase flood insurance as a requirement of the loan.
(6) If following loan closing, it is
			 determined that the security is located within a flood hazard area as defined
			 by the
National Flood Insurance Reform Act of 1994 (42 USCS
			 3701-4370a)
, the borrower may be required to purchase flood hazard
			 insurance at no cost to the Department. If flood hazard insurance is not
			 voluntarily acquired, the Director may force place said insurance and:
(a) Disburse all costs associated with the
			 acquisition of the coverage from the escrow account; or
(b) If there is no established escrow
			 account, disperse all costs of the acquisition and establish an escrow account
			 to cover the cost; and
(c) Loan
			 payments will be increased to repay the amount advanced.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0401 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This subsection of division 045 is established to administer the provisions of
			 Article XI-A of the Constitution of the State of Oregon as it applies to ORS
			 Chapter 407. These rules, together with the
Processing Manual
,
			 shall implement the Post Vietnam Era Veterans' Home Improvement Loan
			 Program.
(2) The program's
			 objective is to provide funds to finance qualified improvements of owner
			 occupied, residential housing for qualified veterans in the State of Oregon. No
			 improvement will be financed that is inconsistent with the provisions of ORS
			 Chapter 407, applicable federal tax laws,
ODVA's Processing Manual
and any subsequent changes as they are effected. Copies of the Processing
			 Manual are on file with the Oregon Department of Veterans' Affairs, 700 Summer
			 Street NE, Salem Oregon, and available to the public during normal business
			 hours.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const
Stats. Implemented:ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0411 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Selected words and terms as used in OAR chapter 274, division
				045, are defined as follows:
(1)
			 Veterans' Home Improvement loan means a loan or loans issued pursuant to OAR
			 274-045-0401  for not more than the total loan right where said loan funds are
			 used to improve the basic livability of the home as defined in OAR
			 274-045-0001(11).
(2) Qualified
			 improvements means the remodel or improvement of an existing home which will
			 substantially enhance or protect the basic livability of the home, which are
			 consistent with provisions of applicable tax laws.
(3) Processing Manual means the
Oregon
			 Department of Veterans' Affairs (ODVA) manual
containing the policy for
			 the Veterans' Home Improvement Loan Program and any subsequent changes as they
			 are effected.
(4) Veterans' Home
			 Improvement Loan Program means all veterans' home improvement loans for which
			 applications are received on or after June 29, 2001, and the veterans eligible
			 for this program.
(5) Existing loan
			 means any loan or loans obtained by the veteran to purchase or improve the
			 property used as security for a loan with the ODVA.
(6) Loan to Value Ratio is the loan amount
			 plus any outstanding balance owed to ODVA on the security divided by the net
			 appraised value.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  406.030,
				  407.115,
				  407.125 & Art. XI-A OR
				  Const.
Stats. Implemented: ORS
				  407.115,
				  407.125 & Art. XI-A OR
				  Const.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0421 - Interest Rate

Current through Register Vol. 63, No. 7, July 1, 2024
As provided by ORS
				407.327, the interest rate on
				veterans' home improvement loans for which applications are received on or
				after June 29, 2001 shall be fixed and consistent with OAR
				274-045-0070.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const
Stats. Implemented: Art. XI-A Or
				  Const.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0431 - Approval of Veterans' Home Improvement Loans

Current through Register Vol. 63, No. 7, July 1, 2024
Veterans' home improvement loans will be processed using ODVA
				Processing Manual and current industry standards determined by the Department
				to be applicable to the proposed loan. Applicable industry standards may
				include, but are not limited to, local lending practices, FannieMae and other
				lending organization standards, and federal and state legal requirements. A
				copy of the Processing Manual is on file with the Oregon Department of
				Veterans' Affairs, 700 Summer Street NE, Salem Oregon, and is available to the
				public during normal business hours.
Stat. Auth.: Art. XI-A, OR Const., ORS
				  406.030,
				  407.115 &
				  407.125
Stats. Implemented: Art. XI-A, OR Const., ORS
				  407.115 &
				  407.125
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0441 - Terms and Requirements of Veterans' Home Improvement Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The veterans'
			 home improvement loan must be placed in the first lien position on the security
			 or be an immediate subsequent lien to an existing ODVA lien. The first ODVA
			 lien and any immediate subsequent lien made on the security by the Director
			 shall be deemed collectively as a first lien on the security.
(2) The net appraised value will be used as
			 the basis for determining the maximum veterans' home improvement loan subject
			 to statutory limitations and remaining loan right.
(3) When a veterans' home improvement loan is
			 made on a security with an existing balance owed to the Director, the total of
			 the unpaid balance of the existing loan and the veterans' home improvement loan
			 shall not exceed 80 percent of the net appraised value as determined by the
			 Director.
(4) When a veteran' home
			 improvement loan is made on a property where no balance is owing, the veterans'
			 home improvement loan shall not exceed 97 percent of the net appraised value as
			 determined by the Director. If the loan-to-value ratio is greater than 80
			 percent of the net appraised value, the loan must be insured by mortgage
			 insurance consistent with ORS
			 407.485.
(5) The borrower shall not receive any cash
			 back from the home improvement loan.
(6) All existing nonamortizing ODVA loans on
			 the security must be reamortized to bring the principal and interest payment
			 and final payment date into conformance with ODVA policy as identified in the
			 Processing Manual. A copy of the manual is on file with the Oregon Department
			 of Veterans' Affairs, 700 Summer Street NE, Salem Oregon, and available to the
			 public during normal business hours. All other terms of the existing loan on
			 the security remain unchanged.
(7)
			 Depending upon the loan amount, the maximum term of a home improvement loan may
			 not exceed 20 years.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const
Stats. Implemented: ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0451 - Appraisal of Property

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal may be made at the discretion of the Director to
				assist in establishing the net appraised value. A fee will be charged in
				accordance with OAR
				274-045-0220.
Stat. Auth.: Art. XI-A Or Const
Stats. Implemented: Art. XI-A Or
				  Const.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0461 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
The Director will call the entire balance of the loan due and
				payable if any of the conditions in OAR 274-045-0120(2)
 
				occur.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const
Stats. Implemented:ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0471 - Taxes, Hazard Insurance and Flood Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
If delinquent taxes become a lien against the security, or the
				borrower fails to maintain the required insurance, the Director may pay the
				taxes or insurance and if so paid, will collect the amount paid by ODVA from
				the borrower through an escrow account per the provisions of OAR
				274-045-0150.
Statutory/Other Authority: ORS
				  406.005  & 407.115
Statutes/Other Implemented: ORS
				  407.075  to
				  407.385;
				  Oregon Constitution Article XI-A, Section
				  3
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 45 - POST VIETNAM ERA VETERANS' HOME LOAN PROGRAM › Section 274-045-0481 - Title Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
Each loan shall be covered by a title insurance policy as
				designated by the Director at the borrower's expense.
Stat. Auth.: ORS
				  406.030, ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const
Stats. Implemented:ORS
				  407.115, ORS
				  407.125 & Art. XI-A Or
				  Const.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0020 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to the adoption, amendment, or repeal of any permanent rule, the
			 Department of Corrections shall give notice of the proposed adoption,
			 amendment, or repeal:
(a) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least 21 days before
			 the effective date of the rule;
(b)
			 By electronical mail (or mail when requested under ORS
			 183.335(15)) to
			 the legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule;
(c) By electronic mail or mail to persons on
			 the department's mailing list established under ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule; and
(d) By electronic mail or mail to the
			 following at least 28 days before the effective date of the rule:
(A) Capitol Press Room;
(B) Associated Press (AP);
(C) American Federation of State-County and
			 Municipal Employees (AFSCME);
(D)
			 Oregon Public Employees Union (OPEU);
(E) American Civil Liberties Union
			 (ACLU);
(F) Office of Public
			 Defense Services;
(G) Oregon State
			 Bar Association;
(H) Crime Victims
			 United;
(I) Department of
			 Corrections - Institution Functional Unit Managers or designee; and
(J) Department of Corrections - Institution
			 Library Coordinators or designee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0025 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341, the Department of
				Corrections adopts the Attorney General's Model Rules for Rulemaking, OAR
				Chapter 137, Division 1.
Statutory/Other Authority: ORS
				  183.335 &
				  183.341
Statutes/Other Implemented: ORS
				  183.335 &
				  183.341
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0051 - Adult in Custody Written Submissions on Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.335, the Department of
				Corrections limits participation by adults in custody in the proposed adoption,
				amendment, or repeal of any Department of Corrections administrative rule to
				written submissions.
Statutory/Other Authority: ORS
				  183.335 &
				  183.341
Statutes/Other Implemented: ORS
				  183.335 &
				  183.341
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0060 - Mailing List Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 individual, organization representing more than ten individuals, or agency may
			 request to be included in the department's mailing list for notification of any
			 proposed adoption, amendment, or repeal of any department rule. The
			 subscription fee to be on the mailing list is $35 annually. The fee established
			 under this rule does not apply to any federal, state, county, or local
			 government entity. Mailings are created for interested persons who want to
			 receive notice of administrative rules promulgated by the Department of
			 Corrections. The request must be sent to the Department of Corrections, Rules
			 Coordinator, 2575 Center St. NE, Salem, OR 97301-4667.
(2) Mail List Subscription Renewal: One
			 annual billing will be sent in July of each year. Subscriptions fees must be
			 paid by September 1 of each year. Government agencies or entities will be sent
			 a confirmation notice and an opportunity to renew their subscription. Anyone
			 not requesting renewal of subscription will be removed at the end of
			 October.
Statutory/Other Authority: ORS
				  183.335 &
				  183.341
Statutes/Other Implemented: ORS
				  183.335 &
				  183.341
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0080 - Copies of Department Permanent and Temporary Rules, and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals or
			 organizations requesting copies of the department's permanent or temporary
			 rules, shall be required to prepay fees in accordance with the department's
			 rules on
Release of Public Records, OAR 291-037
. Requests for
			 copies of the department's temporary or permanently adopted rules must be in
			 writing and directed to the Rules Coordinator, Oregon Department of
			 Corrections, 3723 Fairview Industrial Dr SE #200, Salem, Oregon
			 97302.
(2) The department's notices
			 of intended rulemaking and permanent and temporary rules will be available for
			 review by adults in custody in manuals located in facility law
			 libraries.
(3) Adults in custody
			 may obtain copies of the department's notices of intended rulemaking and
			 permanent or temporary rules in facility law libraries. Adults in custody will
			 use their copy cards to obtain such copies.
(4) Adults in custody may obtain copies of
			 the department's permanent or temporary rules by submitting a written request
			 to the department's Rules Coordinator, together with a completed Withdrawal
			 Request form. Adults in custody will be required to pay a fee, in accordance
			 with the department's rules on
Release of Public Records
,
OAR 291-037
, and must have sufficient funds in their department
			 trust account to cover the fee.
Statutory/Other Authority: ORS
				  183.335 &
				  183.341
Statutes/Other Implemented: ORS
				  183.335 &
				  183.341
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0110 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiation of labor contracts or matters about which a tort claim notice or a
			 lawsuit has been filed.
(2) The
			 words and phrases used in this rule have the same meaning as given to them in
			 ORS 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190(OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or,
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(l) of section (7) of this
			 rule.