N.J. Admin. Code § 3:15-6.8 - Documentation

Current through Register Vol. 54, No. 7, April 4, 2022

(a) The borrower, or an agent applying on behalf of a borrower, shall sign each loan application. If more than one borrower applies, each borrower and each agent applying on behalf of a borrower shall sign the application.
(b) Each credit report for which an applicant is charged a separate fee shall be memorialized in a written memorandum or other written documentation. The memorandum or documentation shall indicate that the credit history of the applicant was investigated and by whom.
(c) Each appraisal report for which an applicant for a first mortgage loan or a second mortgage loan is charged a separate fee shall be memorialized in a written memorandum or other written documentation. The memorandum or documentation shall indicate that the value of the property was evaluated and by whom.
(d) Each person licensed as a mortgage lender shall maintain a trustee account and ledger detailing receipts and disbursement of all funds deposited by the borrower or seller with the licensee in connection with the origination or closing of any loan. The funds shall be held in accordance with the terms of a written agreement between the mortgage lender and such borrower or seller, which provides that upon the occurrence of a specific condition or event, the funds or a portion thereof shall be disbursed to the borrower or seller. All such trust accounts shall be reconciled at least quarterly. This subsection shall not apply to escrows collected or held by the mortgage lender for taxes or insurance.

Notes

N.J. Admin. Code § 3:15-6.8
Recodified from N.J.A.C. 3:15-6.9 and amended by R.2010 d.129, effective 6/21/2010 (operative July 31, 2010).
See: 41 N.J.R. 2829(a), 42 N.J.R. 1139(b).
In (d), deleted "banker, correspondent mortgage banker, or secondary" preceding "lender" throughout. Former N.J.A.C. 3:15-6.8, Loan numbering, original document envelope, and index requirement for consumer lenders, repealed.

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