New Jersey Administrative Code 3:1-16.5 outlines the process to obtain a loan commitment from a borrower. The law has several disclosure requirements that are typical in a loan commitment, including the expiration date of the commitment, the amount financed, whether the interest rate is locked or not, an illustrative example of certain loan terms, the amount of the commitment fee, etc.
In addition to the above, New Jersey Administrative Code 3:1-16.5(a)(9) specifically requires a statement as to “whether any fees or discount points charged by the lender and set forth in the commitment are subject to change before the closing and, if so, the circumstances under which such fees or discount points may change.” The language we have on our cx4479 (NJ Commitment Letter) to comply with this requirement states: “All fees and discount points charged by us, which are set forth in this commitment, are not subject to change before the closing of your loan.” In order to clear up some potential confusion, we are removing the “not” in that statement when field “Conditions Under Which Loan Terms May Change” (FI 40188) is populated. Note that field 40188 is already on the document, but will now be used to trigger this language change, in addition to being used as it currently is to list out the conditions under which terms may change.
This change will be in effect on February 25, 2022 and is now on Stage servers for testing. If you have any concerns or questions about this change, please contact Client Support at 1.800.497.3584.