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INSURANCE DEPARTMENT OF BANKING AND INSURANCE DIVISION OF INSURANCE Medical Malpractice Liability Insurance Purchasing Alliances Proposed New Rules: N.J.A.C. 11:27-9 Authorized By: Insurance. Donald

Office of Insurance — New Jersey, P. O. Box 4157, Trenton, NJ 08625, Attn: Insurance. RULE 812: SUSPENSIONS OF ADVERSE LIABILITY APPLICABLE TO SALE OR EXCHANGE CLAIMS Bills of Sale-Exchange Risk Section 16-A: Definitions (1) The terms “exchange,” “sale,” and “salable” as applied to a real estate property (as defined in section 3 of this Code) shall have the meaning given such terms by the rules and regulations of the New York State Department of Financial Services. (2) The term “subordinated debt” shall have the meaning given such term by the rules and regulations of the New York State Department of Financial Services. (a) Any sale, transfer, or exchange of a mortgage security as defined in subdivision (a) of section 2-101(2) and the amount or value of an obligation to perform the mortgage obligation pursuant to such sale shall be considered adverse. Subordinated debt shall be considered adverse if there would be a credit extended by the obliged under the mortgage obligation, in the absence of the adverse transaction, that is greater in amount or value than the amount or value of the subordinated debt. (b) Notwithstanding subdivision (a) of this section, where no subordinated debt is involved, a sale, transfer, or exchange of a mortgage security for a sale, transfer, or exchange of the property comprising the property securing such mortgage obligation may not be considered adverse where the credit extended by the obliged under the mortgage obligation is greater in amount or value than the amount or value of the subordinated debt. © Notwithstanding subdivision (a) of this section, any claim arising out of a credit extended by the obliged under a mortgage obligation may not be considered adverse where the credit extended by the obliged under the mortgage obligation is greater in amount or value than the amount or value of the subordinated debt. (d) Notwithstanding subdivision (a) of this section, any claim arising out of a credit extended by the obliged under a mortgage obligation may not be considered adverse where the credit extended by the obliged under the mortgage obligation is greater in amount or value than the amount or value of the subordinated debt.

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