New Jersey Statutes 17:16P-1. Borrower may choose own attorney; payment of fees regulated; secured loan
Terms Used In New Jersey Statutes 17:16P-1
- Personal property: All property that is not real property.
- Personal property: includes goods and chattels, rights and credits, moneys and effects, evidences of debt, choses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon, property or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything except real property as herein defined which may be the subject of ownership. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
b. If a loan is secured by personal property, the institution or lender and borrower may agree that the borrower shall reimburse the institution or lender or pay directly for all or any part of the fees and expenses incurred with respect to the loan transaction, including, but not limited to, the fees and expenses of the institution’s or lender’s attorney.
c. If, pursuant to the provisions of this section, a borrower is required to reimburse or pay the fees and expenses for the institution’s or lender’s attorney for services performed in connection with a loan secured by personal property, all such fees and expenses shall be reasonable as defined by the Rules of Professional Conduct adopted by the Supreme Court of New Jersey.
d. The provisions of this section shall not be deemed to permit any attorney’s fee or charge or other charge or permit any action otherwise prohibited or limited by any other applicable law or regulation, including, but not limited to, the “Consumer Loan Act,” R.S.17:10-1 et seq., the “Retail Installment Sales Act of 1960,” P.L.1960, c.40 (C. 17:16C-1 et seq.), the “pawnbroking law,” R.S.45:22-1 et seq., Article 12 of “The Banking Act of 1948,” P.L.1948, c.67 (C. 17:9A-53 et seq.) and P.L.1959, c.91 (C. 17:9A-59.1 et seq.).
L.1993,c.33,s.2.