N.J. Admin. Code § 3:18-3.7

Current through Register Vol. 56, No. 21, November 4, 2024
Section 3:18-3.7 - Publication of notices of bond claims by the Department

When the Department receives notice from a surety company of a claim against a business licensee that appears valid, a consumer is unable to obtain payment of a court judgment that was obtained against the licensee, or the Department, in its sole discretion, otherwise determines it is necessary and proper to do so, the Department shall cause a notice to be published once a week for three successive weeks in a newspaper having general circulation in the area where the business licensee conducts or conducted business in this State and on the Department's website advising consumers of their right to file claims against the bond. The Department is not required to publish notice when it has a claim against the bond for an assessment or any other fee, charge, or penalty if there are no consumer claims or complaints that appear valid and that may require payment from the bond. If the Department determines a notice is necessary, the notice shall be in the following form:

NOTICE TO CONSUMERS

TO ANY CONSUMER HAVING CLAIMS AGAINST

(Name of Licensee), (Type of licensed activity, i.e., foreclosure consultant)

TAKE NOTICE that in order to provide a procedure for the orderly resolution of claims against the bond obtained by (Name of Business Licensee) for the benefit of any consumer injured by the wrongful act, default, fraud or misrepresentation of (Name of Licensee) in the providing of foreclosure consultant services, you are hereby required to present your claims against (Name of Licensee) at the following address:

N.J. Department of Banking and Insurance

Division of Banking

Office of Consumer Finance

20 West State Street, PO Box 040

Trenton, NJ 08625-0040

Each claim shall be presented in writing, specifying the amount claimed and the particulars of the claim, and shall be duly verified under oath or affirmation.

TAKE FURTHER NOTICE that each person having claims against (Name of Licensee) should file a claim no later

than (one month after last notice) or risk losing the opportunity to file a claim.

__________________________________

Commissioner of Banking and Insurance

N.J. Admin. Code § 3:18-3.7