Q What is a High-Risk Mortgage in New Jersey?
N.J.S.A. 46:10B-50 defines a “High Risk Mortgage” as a “first mortgage loan” that has one or more of the following characteristics:
- A reset mortgage interest rate that increases the initial interest rate by two or more percentage points.
- Contains a payment option plan or a “pick a payment” plan.
- Contains a negative amortization schedule.
- Is a subprime mortgage, which means a consumer credit transaction, secured by the consumer’s principal dwelling, with an annual percentage rate that exceeds the average prime offer rate for a comparable transaction, as of the date interest is set, by 1.5 or more percentage points for loans secured by a first lien on a dwelling, or by 3.5 or more percentage points for loans secured by a subordinate lien on a dwelling.
- Contains an enforceable prepayment penalty.
- Is a High Cost Loan as defined in section 3 of the New Jersey Home Ownership Security Act of 2002 (N.J.S.A. 46:10B-24)(NJHOSA).