OAR 441-730-0280: Prohibited Provisions in Loan Contract Provisions
Edition: Current OARD snapshotEffective: 2010-06-04Last verified: 2026-09-07
A licensee may not use a contract evidencing a loan that contains any of the following provisions: (1) A hold harmless clause; (2) A confession of judgment or other waiver of the right to notice and the opportunity to be heard in the event of suit or process; (3) A provision in which the consumer agrees not to assert any claim or defense arising out of the contract against the licensee or any holder in due course. (4) An executory waiver or a limitation of exemption from attachment, execution, or other process on real or personal property held, owned by, or due to the consumer, unless the waiver applies solely to property subject to a security interest executed in connection with the loan.
Official history and status
Statutory/Other Authority: ORS 725.505
Statutes/Other Implemented: ORS 725.360
History: FCS 6-2010, f. & cert. ef. 6-4-10 FCS 3-2009, f. & cert. ef. 6-2-09 FCS 13-2001, f. & cert. ef. 12-27-01 FCS 6-2001(Temp), f. 6-29-01, cert. ef. 7-1-01 thru 12-25-01 FCS 4-2001, f. & cert. ef. 3-27-01 FCS 2-2001, f. 1-22-01, cert. ef. 3-22-01
This rule cites
No citations extracted.
Cited by
No inbound citations found.
Official source: https://secure.sos.state.or.us/oard/