New Jersey Administrative Code
Title 3 - BANKING
Chapter 18 - FORECLOSURE CONSULTANTS
Subchapter 5 - BOOKS AND RECORDS; CONTRACT REQUIREMENTS
Section 3:18-5.4 - Foreclosure consultant contract

Universal Citation: NJ Admin Code 3:18-5.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) A foreclosure consultant contract shall be written in plain language and shall fully disclose:

1. Each and every distressed property service to be performed;

2. All the foreclosure consultant's representations;

3. The distressed property relief to be secured;

4. The term of the contract, which shall not exceed 18 months from the date on which the contract is fully executed;

5. The name and address of the foreclosure consultant to which the notice of cancellation in (b) below should be mailed; and

6. The date the owner signed the contract.

(b) The following notice, printed in at least 14-point boldface type, if the contract is printed, or in capital letters, if the contract is typed, and completed with the name of the foreclosure consultant business licensee and individual licensee who procured the contract, shall be printed immediately above the statement required by (c) below: NOTICE REQUIRED BY NEW JERSEY LAW

............................ (Individual Name) or anyone working for him or her or for .................................(Firm Name) CANNOT:

(1) Take any money from you or ask you for money until

................................... (Name, Individual and Firm) has completely finished doing everything he, she or it said would be done; and

(2) Ask you to sign or have you sign any lien, mortgage, or deed unless all provisions of the "Foreclosure Rescue Fraud Prevention Act," P.L. 2011, c. 146 (46:10B-53 et al.), and any other applicable federal and State laws have been complied with; and

(3) Guarantee that they will be able to refinance a loan on your home or arrange for you to keep your home.

(c) A foreclosure consultant contract shall be written in the same language as principally used by the foreclosure consultant to describe the consultant's services to be performed and the distressed property relief to be secured for the distressed property owner, shall be dated and signed by the owner, and shall contain in immediate proximity to the space reserved for the owner's signature a conspicuous statement in 14-point boldface type, if the contract is printed, or in capital letters, if the contract is typed, as follows:

"You, the owner, may cancel this transaction at any time until after the foreclosure consultant has fully performed every service the foreclosure consultant contracted to perform and has secured the distressed property relief for the owner. See the attached notice of cancellation form for an explanation of this right."

(d) A foreclosure consultant contract shall contain on the first page, in type size no smaller than that generally used in the body of the document, each of the following:

1. The name and address of the foreclosure consultant business licensee to which the notice of cancellation is to be mailed; and

2. The date the distressed property owner signed the contract.

(e) A foreclosure consultant contract shall be accompanied by a completed form, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract and easily detachable, and shall contain, in at least 14-point boldface type, if the contract is printed, or in capital letters, if the contract is typed, the following statement written in the same language as used in the contract:

NOTICE OF CANCELLATION

............................

(Enter date of transaction)

You may cancel this transaction, without any penalty or obligation, at any time until after the foreclosure consultant has fully performed every service and has secured the relief for the owner.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to:

..................... (Name of foreclosure consultant business licensee) at

.......................... (Address of foreclosure consultant's place of business)

I hereby cancel this transaction on ..................................... (Date)

............................ (Owner's signature).

(f) The individual foreclosure consultant licensee shall provide the distressed property owner with a copy of a foreclosure consultant contract and the attached notice of cancellation in duplicate immediately upon execution of the contract.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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