Oregon Statutes 86.095 – Acts not affecting priority of lien of credit instrument
(1) Actions that do not affect the priority granted to the lien of a credit instrument at the time it is first received for recordation shall include but shall not be limited to:
Terms Used In Oregon Statutes 86.095
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Renegotiation or adjustment of the initial interest rate provided in the note or the credit instrument, upward or downward, which may increase or decrease the amount of periodic payments or may extend or shorten the term of the credit instrument, or both;
(b) An increase in the underlying obligation secured by the credit instrument during any part of the term of the credit instrument as a result of deferment of all or a portion of the interest payments and the addition of such payments to the outstanding balance of the obligation;
(c) Execution of new notes at designated intervals during the term of the credit instrument that reflect changes made pursuant to paragraph (a) or (b) of this subsection;
(d) Extension of the term of the credit instrument;
(e) Substitution of a note if there is no increase in the principal amount to be paid under the note;
(f) Modification of periodic payments required under the note if there is no increase in the principal amount due under the note; or
(g) Advances made under ORS § 86.155.
(2) As used in this section, the addition of accrued interest to the principal amount of the underlying obligation is not an increase in the principal amount.
(3) As used in this section, ‘credit instrument’ includes a mortgage, a line of credit instrument, a deed of trust and a contract for sale of real property. [1981 c.304 § 2; 1987 c.716 § 2; 1991 c.246 § 1; 2001 c.20 § 1]