Search Rutgers Law Library N.J. Court Opinions

1 PATRICIA MOGAVERO v. ALLIED HOME MORTGAGE -- rank: 1000

... at closing exceed 4.5% of the total loan amount. N.J.S.A. 46:10B-24. The total loan amount is defined as the principal of ... loan minus those points and fees that are included in N.J.S.A. 46:10B-24. "Points and fees" under HOSA are defined as: (1) All ... draw down an amount equal to the total credit line. [ N.J.S.A. 46:10B-24.] HOSA expressly incorporates provisions of the Home Ownership Equity and ... payable by the borrower at or before the loan closing." N.J.S.A. 46:10B-24. HOEPA provides guidance as to what is included in the calculation of HOSA's points and fees. N.J.S.A. 46:10B-24. Regulation Z defines terms used in HOEPA, and provides that ... fees, but specifically excludes interest and the time-price differential. N.J.S.A. 46:10B-24. Both statutory schemes exclude taxes, filing fees, and fees ...

docket:	a4326-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-15
status:	Published
citation:
Document Size:	78559

2 M&T BANK v. MARY ANNE KOVAL -- rank: 859

... the total loan amount of $120,000, in violation of N.J.S.A. 46:10B-24; 2 and the loan originators did not provide her with ... s fees paid to Mirabelli, not the loan originator, and N.J.S.A. 46:10B-24 excludes attorney's fees and notary fees from the total ... lender could impose in connection with a residential mortgage loan. N.J.S.A. 46:10B-24. A loan exceeds the total points and fees threshold if ... cost home loan, requiring notice to the borrower and counseling. N.J.S.A. 46:10B-24, -26(f) and (g). N.J.S.A. 46:10B-24 includes in the total points and fees calculation "[a]ll ... are included in the total points and fees calculation under N.J.S.A. 46:10B-24. However, N.J.S.A. 46:10B-24 specifically ...

docket:	a2713-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-24
status:	unpublished
citation:
Document Size:	20545

3 ELAINE A. TAYLOR v. AMERICAN HOME MORTGAGE SERVICING INC -- rank: 806

... occupied by a borrower as the borrower's principal dwelling." N.J.S.A. 46:10B-24. However, for the reasons we have stated, plaintiff is judicially ... occupied by a borrower as the borrower's principal dwelling." N.J.S.A. 46:10B-24(1). Thus, the mortgage on the East Orange property was not a "home loan" within the meaning of N.J.S.A. 46:10B-24. The judge did not err, therefore, in granting summary judgment ... occupied by a borrower as the borrower's principal dwelling. [ N.J.S.A. 46:10B-24 (emphasis added).] 4 Also, at that time, the judge permitted ...

docket:	a2649-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-11
status:	unpublished
citation:
Document Size:	36096

4 ROBERT C. WALLERIUS v. 50 BY 50 REO L.L.C. -- rank: 638

... the borrower exceed 4.5% of the total loan amount. N.J.S.A. 46:10B-24. The total loan amount is defined as the principal of ... loan minus those points and fees that are included in N.J.S.A. 46:10B-24. Here, the principal of the loan was $308,500. Plaintiff ... with the acquisition of the Castle mortgage. Plaintiff concedes that N.J.S.A. 46:10B-24 expressly excludes such fees from the definition of "points and ...

docket:	a0407-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-31
status:	unpublished
citation:
Document Size:	21121

5 WELLS FARGO BANK, N.A. v. MARY YACCARINO -- rank: 541

... statute's interest rate or total points and fees thresholds, N.J.S.A. 46:10B-24. 3 Bank of America, N.A, is the successor by ... as a high-cost home loan subject to the statute. N.J.S.A. 46:10B-24. The record supports the court's finding. There is no ...

docket:	a4580-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-06
status:	Unpublished
citation:
Document Size:	14910

6 PROPERTY ASSET MANAGEMENT, INC v. BARTHOLOMEW MOMANYI -- rank: 521

... realty is not an ownership interest as required by HOSA. N.J.S.A. 46:10B-24. We affirm the trial court’s dismissal of Milka's ...

docket:	a2713-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-14
status:	unpublished
citation:
Document Size:	45188

7 Henry Sanchez v. Fitness Factory Edgewater, LLC -- rank: 508

... the status of the agreement as a financing arrangement. Similarly, N.J.S.A. 46:10B-24(b) defines “[b]ona fide discount points,” for ...

docket:	a-93-18
court:	NJ Supreme Court
decided:	2020-05-28
status:
citation:
Document Size:	48239

8 US BANK, N.A. v. PATRICIA A. MARCHESE -- rank: 508

... of the total loan amount for closed-end credit transactions. N.J.S.A. 46:10B-24. The total loan amount is defined to mean 'the principal ... 80), it did not violate HOSA. Affirmed. 4 Pursuant to N.J.S.A. 46:10B-24, the total loan amount is the principal less the points ...

docket:	a3639-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-10
status:	unpublished
citation:
Document Size:	40177