New Jersey Administrative Code
Title 3 - BANKING
Chapter 1 - GENERAL PROVISIONS
Subchapter 3 - MORTGAGE LOANS IN DISASTER AREAS
Section 3:1-3.3 - Emergency mortgage powers exercisable by financial institutions
Universal Citation: NJ Admin Code 3:1-3.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) When at any time the Commissioner, pursuant to 3:1-3.2, has declared that this Subchapter shall become operative and effective, a financial institution may exercise and use the emergency mortgage powers enumerated in (b) below.
(b) The emergency mortgage powers which a financial institution may exercise and use pursuant to this subchapter shall consist only of the following:
1. If the security of a mortgage loan, when
made originally, consisted of real property improved by a one-family dwelling,
an additional mortgage loan may be made. The total of such additional mortgage
loan, together with the unpaid or unamortized principal balance due upon the
existing mortgage loan or loans shall not exceed 160 percent of the appraised
value of the real property, according to the appraisal certification on file
with the financial institution.
2.
If the security of a mortgage loan, when made originally, consisted of real
property improved by either a two-family dwelling, three-family dwelling, or
four-family dwelling, an additional mortgage loan may be made. The total of
such additional mortgage loan, together with the unpaid or unamortized
principal balance due upon the existing mortgage loan or loans shall not exceed
100 percent of the appraised value of the real property according to the
appraisal certification on file with the financial institution.
3. If a mortgage loan is secured by real
property which, when originally made was represented by improvements other than
those described in (b)1 and 2 above, a financial institution may make an
additional mortgage loan. The total of any such additional mortgage loan,
together with the unpaid or unamortized principal balance due upon the existing
mortgage loan or loans, shall not exceed 133 1/3 percent of the appraised value
according to the appraisal certification on file with the financial
institution.
4. When any financial
institution holds an existing mortgage loan which by its terms permits
additional sums to be advanced or loaned in limited amounts, such financial
institution may make additional loans or advances in any amounts,
notwithstanding any limitation imposed in the original mortgage instrument;
provided, however, that the total of such additional loans or advances shall
not exceed the difference between the original principal amount of the existing
mortgage loan and the unamortized or unpaid balance thereof.
5. A financial institution may make a
mortgage loan secured by real property which is subject to an existing mortgage
loan or loans held by another financial institution and such mortgage loan
shall be subject to all of the restrictions, limitations and conditions
provided herein.
6. A financial
institution may reduce the rate of interest on mortgage loans secured by real
property within a disaster area.
7.
A financial institution may extend the term within which any mortgage loan must
be amortized or paid for additional periods of time but in no event shall such
an extension exceed a period of time twice the term of the original mortgage
loan.
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