12 CFR 545.2 - Federal preemption
| Cite as | 12 CFR 545.2 |
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96 practice notes
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Bank activities and operations and real estate lending and appraisals:
National banks; State law applicability,
...a regulation providing generally that state laws purporting to address the operations of Federal savings associations are preempted. See 12 CFR 545.2. The extent of Federal regulation and supervision of Federal savings associations under the Home Owners' Loan Act is substantially the same a......
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Bank activities and operations and real estate lending and appraisals:
National banks; State law applicability,
...clauses); 34.21 (adjustable-rate mortgage lending); and 34.23 (prepayment fees). \53\ See 12 CFR 557.11-.13; 12 CFR 560.2; and 12 CFR 545.2. Revisions to Part 34--Real Estate Current OCC Regulations Part 34 of our rules implements 12 U.S.C. 371, which authorizes national banks to engage in ......
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Part II
...exclusive authority to regulate all aspects of the operations of federally chartered associations under section 5 of [HOLA]. See, e.g., 12 CFR 545.2. Federally chartered associations will therefore continue to be subject to the rule rather than the Wisconsin Act, and the [FHLBB] will contin......
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Pena v. Downey Sav. and Loan, Ass'n, No. CV 96-2051 WJR (AJWx).
...state that they are "preemptive of any state law purporting to address the subject of the operations of a Federal savings association." 12 C.F.R. § 545.2; see also 12 C.F.R. § 545.122. Courts in this circuit have confirmed Congress's intent that the OTS be permitted to regulate federal savi......
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91 cases
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State Farm Bank, F.S.B. v. Burke, No. 3:05CV808 (JBA).
...alia: • That OTS has "plenary and exclusive authority ... to regulate all aspects of the operations of Federal savings associations." 12 C.F.R. § 545.2. • That "OTS . . . occupies the entire field of federal savings associations' deposit-related regulations" and "the entire field of lending......
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Akopyan v. Wells Fargo Home Mortg., Inc., B236455
...servicing of loans, and loan payments and prepayments"], italics added.) In addition, the FHLBB adopted a general regulationPage 14(12 C.F.R. § 545.2) preempting "any state law purporting to address the subject of the operations of a Federal association." (48 Fed.Reg. 23058 (May 23, 1983).)......
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Leghorn v. Wells Fargo Bank, N.A., Case No.: C-13-00708 JCS
...the terms of credit, loan-related fees, and servicing of mortgage loans and their claims are thus preempted. Id. at 12-13 (citing 12 C.F.R. §§ 545.2, 560.2). In the alternative, to the extent the NBA applies, Wells Fargo argues that Plaintiffs' claims are preempted because they are attempti......
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First Gibraltar Bank, FSB v. Morales, 93-8170
...subject to the limitations and interpretations contained in this Part."). The provision concerning preemption was relocated to 12 C.F.R. Sec. 545.2 (1984), and it provided that the regulations contained in Sec. 545 are "preemptive of state law purporting to address the subject of the operat......
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1 firm's commentaries
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Future for Thrift Institutions
...that avoid state restrictions through federal preemption? Does the thrift have operations that rely on the OTS preemption regulations, 12 C.F.R. 545.2 and 560.2 or on OTS preemption opinions? Dodd-Frank makes some important changes to federal preemption that also will take effect on July 21......