New Jersey Administrative Code
Title 3 - BANKING
Chapter 18 - FORECLOSURE CONSULTANTS
- Subchapter 1 - GENERAL PROVISIONS
- Subchapter 2 - LICENSE REQUIREMENTS
- Subchapter 3 - BONDING
- Subchapter 4 - DISTRESSED PROPERTY PURCHASER DISCLOSURES
- Subchapter 5 - BOOKS AND RECORDS; CONTRACT REQUIREMENTS
- Subchapter 6 - REPORTS TO THE DEPARTMENT
- Subchapter 7 - ADVERTISING
- Subchapter 8 - PROHIBITED ACTS
- Subchapter 9 - ADMINISTRATIVE ACTIONS AS TO APPLICANTS, LICENSEES, OR OTHER PERSONS
CHAPTER SOURCE AND
EFFECTIVE DATE:
Effective: November 23, 2021.
See: 53
N.J.R. 2135(d).
CHAPTER HISTORICAL NOTE:
Chapter 18,
Secondary Mortgage Loan Act of 1965 Regulations, was filed and became effective
prior to September 1, 1969. Subchapter 5, Legal Fees, was adopted as R.1973 d.32,
effective February 8, 1973. See: 4 N.J.R. 299(c), 5 N.J.R. 33(a). Subchapter 6,
Solicitation of Business, was adopted as R.1973 d.280, effective September 26, 1973.
See: 5 N.J.R. 182(c), 5 N.J.R. 364(c). Subchapter 6 was repealed by R.1977 d.221,
effective June 22, 1977. See: 9 N.J.R. 304(b). A new Subchapter 6, Pledging of
Receivables, was adopted as R.1978 d.41, effective January 30, 1978. See: 9 N.J.R.
555(b), 10 N.J.R. 92(b). Subchapter 7, Advertising, was adopted as R.1973 d.133,
effective June 7, 1973. See: 5 N.J.R. 5(b), 5 N.J.R. 183(a). Subchapter 8, Licensed
Places of Business, was adopted as R.1974 d.135, effective June 6, 1974. See: 6
N.J.R. 167(a), 6 N.J.R. 255(a). Subchapter 9, Interest Rate Regulation Number One,
was adopted as Emergency New Rules by R.1974 d.199, effective July 22, 1974. See: 6
N.J.R. 298(a). Emergency amendments to Subchapter 9 were adopted as R.1975 d.53,
effective March 12, 1975; R.1978 d.404, effective November 24, 1978; and R.1980
d.17, effective January 14, 1980. See: 7 N.J.R. 128(a); 11 N.J.R. 4(b); 12 N.J.R.
63(a). Subchapter 10, Licensing, was adopted as R.1988 d.36, effective January 19,
1988. See: 19 N.J.R. 1929(a), 20 N.J.R. 183(b).
Subchapter 1,
Additional Licensee Requirements; Subchapter 3, General; and Subchapter 9, Interest
Rate Regulation Number One, were repealed, and a new Subchapter 1, General
Provisions; Subchapter 3, Mortgage Loans; Subchapter 9, Disclosure of Terms; and
Subchapter 11, Assignment of Secondary Mortgage Loans, were adopted by R.1993 d.50,
effective January 19, 1993. See: 24 N.J.R. 2760(a), 25 N.J.R. 285(a).
Pursuant to Executive Order No. 66(1978), Chapter 18 was readopted as R.1993 d.55,
effective December 24, 1992. See: 24 N.J.R. 3982(a), 25 N.J.R. 463(b).
Subchapter 12, Approved Business Activities; Insurance, was adopted as R.1995 d.14,
effective January 3, 1995. See: 26 N.J.R. 3920(a), 27 N.J.R. 89(b).
Chapter 18, Secondary Mortgage Loan Act Rules, was repealed by R.1997 d.257,
effective June 16, 1997. See: 29 N.J.R. 1489(a), 29 N.J.R. 2641(a).
Chapter 18, Foreclosure Consultants, was readopted, effective January 6, 2014. See:
45 N.J.R. 969(a), 46 N.J.R. 65(a).
In accordance with
N.J.S.A.
52:14B-5.1, Chapter 18, Foreclosure Consultants,
was scheduled to expire on January 6, 2021. Pursuant to Executive Order Nos. 127
(2020) and 244 (2021) and
P.L.
2021, c. 103, any chapter of
the New Jersey Administrative Code that would otherwise have expired during the
Public Health Emergency originally declared in Executive Order No. 103 (2020) is
extended through January 1, 2022. Chapter 18, Foreclosure Consultants, was readopted
with technical changes, effective November 23, 2021. See: Source and Effective Date.
See, also, section annotations.
CHAPTER AUTHORITY:
N.J.S.A. 17:1-8.1, 17:1-15.e, and 46:10B-68.