N.J. Admin. Code § 3:15-7.1 - Insurance matters for mortgage lenders

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

(a) Mortgage lenders are subject to the provisions concerning insurance set forth in 17:11C-73.
(b) If insurance is lawfully required or obtained in connection with a loan, the insurance shall be written or obtained by or through an insurance producer who is licensed in good standing in this State, and written by an insurance company authorized to do business in this State.
(c) It shall be the responsibility of the mortgage lender to explain clearly to each borrower the benefits and limitations of any credit life insurance, credit health or disability insurance, or credit involuntary unemployment insurance which the borrower contemplates getting in connection with a loan.
(d) Each mortgage lender shall keep a record of all policies for credit life insurance, credit health or disability insurance, or credit involuntary unemployment insurance sold to a borrower in connection with a loan, all premiums collected in connections with such loans, all refunds of unearned premiums caused by payment in full of an amount or by renewal, and a detailed record of all claims paid by the insurer.
(e) If a mortgage lender collects a premium from a borrower for credit life insurance, credit health or disability insurance, or credit involuntary unemployment insurance, and such insurance does not become effective, the mortgage lender shall immediately give written notice to the borrower and shall promptly refund to or credit to the account of the borrower the amount collected from him or charged to him for such insurance.
(f) If a credit life policy issued in connection with a loan contains no provision for designation of a second beneficiary, it shall be handled under the usual procedure contained in a facility of payment clause authorizing the insurance company to pay any insurance in excess of the unpaid balance of the indebtedness to the estate, wife, husband, children or other blood relative or person equitably entitled thereto as determined by the insurance company.

Notes

N.J. Admin. Code § 3:15-7.1
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).
Section was "Insurance matters for mortgage bankers, correspondent mortgage bankers, secondary lenders and consumer lenders". Deleted "bankers, correspondent mortgage bankers, secondary lenders and consumer" preceding "lender" throughout; in (a), updated the N.J.S.A. reference.

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