Or. Admin. Code § 274-020-0391 - Discount for Early Payoff

(1) The balance on some loans and contracts may be discounted in consideration of the loan or contract being paid in full before its final payment date. The amount of the discount will be based upon a mathematical computation which uses a discount rate to compute the present value of the remaining scheduled payment stream of the loan or contract being considered for discount. The discounted amount may be further limited by a percentage based calculation determined by the Director. The Director will periodically fix the discount rate and the percentage based calculation, if any, taking into consideration:

(a) Market conditions (reinvestment opportunities);

(b) Financial statement conditions (health of programs);

(c) Cash flow conditions;

(d) Balance and term of the loan or contract being considered for discount.

(2) The loans and contracts that will be discounted and the discount rate will be periodically determined by the Director and the information will be available to all interested persons making inquiry to the Director. The amount of the discount quoted by the Director shall include a per diem amount that must be added to the quoted payoff amount in order to arrive at a payoff amount for a specific day. The quoted discount amount shall be honored for 30 days following the date of the quote.

(3) Any loan or contract that does not amortize on the agreed-to retirement date will be reamortized and a new payment determined prior to the computation of a discount amount. The reamortized payment amount will be used only for the purpose of calculating the amount of the discount.

(4) Discounts shall not be available on loans or contracts being paid in full by the proceeds from Loan Cancellation Life Insurance or hazard insurance.

(5) This rule does not apply to loans or contracts after a default of the loan or purchase agreement has occurred and settlement negotiations are in process.

(6) No discount shall be given where the loan or contract is being paid in full in connection with a change in ownership of the property securing the loan or the property being purchased on contract.

Notes

Or. Admin. Code § 274-020-0391

DVA 2-1986(Temp), f. & ef. 2-13-86; DVA 8-1986, f. & ef. 8-18-86; DVA 7-1993, f. 5-18-93, cert. ef. 5-21-93

Stat. Auth.: ORS 291.021, ORS 406.030, ORS 407.115, ORS 407.169, ORS 407.177, ORS 407.179, ORS 407.181 & ORS 407.275

Stats. Implemented: