Definitions relative to regulation of student loan servicers.

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17:16ZZ-1 Definitions relative to regulation of student loan servicers.

1. As used in this act:

"Commissioner" means the Commissioner of Banking and Insurance.

"National Mortgage Licensing System and Registry" means the licensing system owned and operated by the State Regulatory Registry LLC, a wholly owned subsidiary of the Conference of State Bank Supervisors, which functions as a system of record for non-depository, financial services licensing or registration in participating state agencies, including the District of Columbia and United States Territories of Puerto Rico, the United States Virgin Islands, and Guam, where it is the official system for companies and individuals seeking to apply for, amend, renew and surrender license authorities.

"Ombudsman" means the Student Loan Ombudsman appointed pursuant to section 2 of this act.

"Servicing" means:

a. receiving any scheduled periodic payments from a student loan borrower or notification of such payments, and applying payments to the borrower's account pursuant to the terms of the student education loan or the contract governing the servicing of the loan;

b. during a period when no payment is required on the student education loan, maintaining account records for the loan and communicating with the student loan borrower regarding the loan, on behalf of the holder of the loan; or

c. interacting with a student loan borrower to facilitate the loan servicing as described in this definition, including activities to help prevent loan default on obligations arising from a student education loan.

"Student education loan" means a loan that is extended to a student loan borrower expressly to finance postsecondary education expenses or other school-related expenses and shall not include open-end credit or any loan secured by real property.

"Student loan borrower" means any resident of this State who has received or agreed to pay a student education loan; or any person who shares responsibility with a resident for repaying a student education loan.

"Student loan servicer" means any person, wherever located, responsible for the servicing of any student education loan to any student loan borrower.

L.2019, c.200, s.1.


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