- Court: Oregon Court of Appeals
- Area(s) of Law: Consumer Credit
- Date Filed: 07-14-2021
- Case #: A169701
- Judge(s)/Court Below: Lagesen, P.J. for the Court; James, J.; & Kamins, J.
- Full Text Opinion
Bivins appealed a summary judgment to foreclose on a deed of trust which secured a line of credit that had been opened by Bivins with Beneficial Oregon, Inc., where the account was secured with the deed of trust. Bivins assigned error to the determination of the amount owed regarding the interest indicated by Beneficial. Bivins argued that Beneficial’s failure to send written statements resulted in a dispute about the amount due and thus the mispayments. ORS 86A.183(1)(c) prohibits mortgage loan originators from failing to account to persons interested in money or property received in connection with a mortgage loan. The court held that Beneficial failed to provide clear evidence that they had submitted monthly statements that indicated what Bivins was required to pay and that there was no evidence to support that Bivins had agreed to paperless statements through Beneficial's website. Reversed and remanded.