(1) If, pursuant to any arrangement, understanding or agreement, with the knowledge of the lender, either as a part of the contract of borrowing or collateral thereto, regardless of when made and whether it is made as a special arrangement or in conformity to a regular rule, regulation or practice, there is paid by or at the expense of the borrower to the lender, or the lender’s broker, officer, director or agent, with respect to or in connection with any loan to which ORS 82.010 applies, any commission, bonus, fee, premium, penalty or other charge, compensation or gratuity, whether in money, credit or other thing of value, as a consideration, compensation or inducement for obtaining any such loan, or any renewal, extension of forbearance thereof, the same shall be deemed a part of the interest charged on such loan.
(2) In computing interest for the purposes of ORS 82.010, any bona fide commission paid or sustained by the borrower shall be computed for the contract term and not for any accelerated period or prepayment.
(3) Notwithstanding subsection (1) of this section, the following charges shall not be deemed a part of the interest charged on a loan:
(a) Reasonable amounts actually applied in payment of the expense of inspecting any security offered in connection with the loan, investigating the responsibility of the applicant or procuring or extending any abstract of title or certificate of title insurance covering such security;
(b) The amount actually paid for the examination of any such abstract of title or certificate of insurance; or
(c) The cost of the preparation, execution and recording of any papers necessary in consummating such loan. [1987 c.215 §20]
Section: Previous 82.005 82.010 82.020 82.025 82.110 82.115 82.117 82.120 82.125 82.130 82.140 82.150 82.160 82.170 82.300 NextLast modified: August 7, 2008