N.J. Admin. Code § 3:30-9.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 3:30-9.1 - Rights, remedies, prohibitions declared additional, cumulative

(a) Pursuant to 46:10B-30, the rights, remedies, and prohibitions accorded by the provisions of this chapter are hereby declared to be in addition to and cumulative of any other right, remedy, or prohibition accorded by the common law or statutes of the United States or of this State, and nothing herein shall be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or prohibition. Without limiting the foregoing, the rights, remedies and prohibitions accorded by this chapter are hereby further declared to create no presumption that any home loan or any term in a home loan is not unconscionable, whether or not the home loan or loan term, alone or in conjunction with other terms of the loan, violates the provisions of this chapter.

(b) In accordance with 46:10B-23.d, the amendments in P.L. 2004, c. 84 to the New Jersey Home Ownership Security Act of 2002, 46:10B-22 et seq., deleting the covered home loan category from 46:10B-25 and the prohibition on flipping a home loan, shall create no presumption that any home loan that has been refinanced is not unconscionable. The deletions of the covered home loan category and of the prohibition on flipping from 46:10B-25 shall also create no presumption that any home loan that is refinanced does not constitute an unlawful practice under the Consumer Fraud Act, 56:8-1 et seq.