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A4106
ASSEMBLY, No. 4106
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman� ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Co-Sponsored by:
Assemblyman Sampson and Assemblywoman McCoy
SYNOPSIS
���� Clarifies mortgage loans to mean loans made primarily
for personal, family, or household purposes.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning
mortgage loans and amending P.L.1968, c.54.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1968,
c.54 (C.46:10B-1) is amended to read as follows:
���� As used in this act:
���� (a)� "Mortgage
loan"� means a loan
made primarily for personal, family, or household
purposes
secured by an interest in real property consisting of land upon
which is erected or to be erected, in whole or in part with the proceeds of
such loan, a structure containing one, two, three, four, five or six dwelling
units, a portion of which structure may be used for nonresidential purposes and
upon which interest is taken or contracted for at a rate in excess of $6.00 for
the forbearance of $100.00 for a year;
���� (b)� "Mortgagor"�
includes any person other than a corporation liable for the payment of a
mortgage loan, and the owner of the real property which secures the payment of
a mortgage loan;
���� (c)� "Prepayment"�
of a mortgage loan means the payment in full of the balance owing on a mortgage
loan at any time prior to the time limited for the final payment of such loan
in an instrument evidencing such loan.
(cf: P.L.1979, c.85, s.2)
���� 2.��� This act shall take
effect immediately and shall apply to mortgage loans entered into on or after
this date.
STATEMENT
���� This bill amends existing law
to clarify that mortgage loans are primarily made for personal, family, or
household purposes. �This bill intends to strengthen clarity in lending laws by
confirming that consumer mortgage loans, made primarily for personal, family,
or household purposes, are protected from prepayment penalties.� The bill also
modernizes lending frameworks by allowing prepayment penalty flexibility for commercial
mortgage loans, supporting small real estate investors, and promoting economic
growth.