New Jersey § 46:10b-25

§ 46:10b-25.

a. No creditor making a home loan shall finance, directly or indirectly, any credit

life, credit disability, credit unemployment or credit property insurance, or any

other life or health insurance, or any payments directly or indirectly for any debt

cancellation or suspension agreement or contract, except that insurance premiums or

debt cancellation or suspension fees calculated and paid on a monthly basis shall

not be considered financed by the creditor. b. (Deleted by amendment, P.L.2004, c. 84 ). c. No creditor shall recommend or encourage default on an existing loan or other debt

prior to and in connection with the closing or planned closing of a home loan that

refinances all or any portion of that existing loan or debt. d. No creditor shall charge a late payment fee in relation to a home loan except according

to the following rules: (1) The late payment fee may not be in excess of 5% of the amount of the payment past

due. (2) The fee may only be assessed by a payment past due for 15 days or more. (3) The fee may not be charged more than once with respect to a single late payment. If a late payment fee is deducted from a payment made on the loan, and such deduction

causes a subsequent default on a subsequent payment, no late payment fee may be imposed

for such default. If a late payment fee has been once imposed with respect to a particular late payment,

no such fee shall be imposed with respect to any future payment which would have been

timely and sufficient, but for the previous default. (4) No fee shall be charged unless the creditor notifies the borrower within 45 days

following the date the payment was due that a late payment fee has been imposed for

a particular late payment. No late payment fee may be collected from any borrower if the borrower informs the

creditor that nonpayment of an installment is in dispute and presents proof of payment

within 45 days of receipt of the creditor's notice of the late fee. (5) The creditor shall treat each and every payment as posted on the same date as

it was received by the creditor, servicer, creditor's agent, or at the address provided

to the borrower by the creditor, servicer, or the creditor's agent for making payments. e. No home loan shall contain a provision that permits the creditor, in its sole discretion,

to accelerate the indebtedness. This provision does not prohibit acceleration of the loan in good faith due to the

borrower's failure to abide by the material terms of the loan. f. No creditor shall charge a fee for informing or transmitting to any person the

balance due to pay off a home loan or to provide a release upon prepayment. Payoff balances shall be provided within seven business days after the request.