12 CFR 34.3 - General rule

Cite as12 CFR 34.3
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22 practice notes
  • Part III
    • United States
    • Federal Register July 30, 2008
    • July 30, 2008
    ...associations with national bank members requested an additional exemption for national banks that are in compliance with OCC regulation 12 CFR 34.3(b). The OCC regulation prohibits national banks from making a mortgage loan based predominantly on the bank's realization of the foreclosure or......
  • National banks: Authority provided by American Homeownership and Economic Opportunity Act, and other miscellaneous amendments,
    • United States
    • Federal Register February 07, 2003
    • February 7, 2003
    ...Director, or Andra Shuster, Counsel, Legislative and Regulatory Activities Division, (202) 874- 5090. For questions concerning proposed 12 CFR 34.3, contact Mark Tenhundfeld, Assistant Director, or Andra Shuster, Counsel, Legislative and Regulatory Activities Division, (202) 874-5090. For q......
  • National banks: Authority provided by American Homeownership and Economic Opportunity Act, and other miscellaneous amendments,
    • United States
    • Federal Register December 17, 2003
    • December 17, 2003
    ...12 CFR 7.2024, contact Andra Shuster, Counsel, Legislative and Regulatory Activities Division, (202) 874- 5090. For questions concerning 12 CFR 34.3, contact Mark Tenhundfeld, Assistant Director, or Andra Shuster, Counsel, Legislative and Regulatory Activities Division, (202) 874-5090. For ......
  • Bank activities and operations and real estate lending and appraisals: National banks; State law applicability,
    • United States
    • Federal Register August 05, 2003
    • August 5, 2003
    ...a notice of proposed rulemaking to amend 12 CFR parts 3, 5, 6, 7, 9, 28, and 34, published on February 7, 2003, we have proposed to amend 12 CFR 34.3 to reflect the amendment to 12 U.S.C. 371 that added a reference to 12 U.S.C. 1828(o). See 68 FR A new paragraph (b) would add an explicit sa......
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14 cases
  • Ellsworth v. U.S. Bank, N.A., No. C 12–02506 LB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • December 11, 2012
    ...loans, subject to ... such restrictions and requirements as the Comptroller of the Currency may proscribe by regulation or order,” 12 C.F.R. § 34.3(a), “but without regard to state law limitations,” 12 C.F.R. § 34.4(a). U.S. Bank Mot., ECF No. 68 at 18. U.S. Bank argues that the OCC regulat......
  • Ellsworth v. U.S. Bank, N.A., No. C 12-02506 LB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • December 11, 2012
    ...loans, subject to . . . such restrictions and requirements as the Comptroller of the Currency may proscribe by regulation or order," 12 C.F.R. § 34.3(a), "but without regard to state law limitations," 12 C.F.R. § 34.4(a). U.S. Bank Mot., ECF No. 68 at 18. U.S. Bank argues that the OCC regul......
  • Hymes v. Bank of Am., N.A., 18-CV-2352 (RRM) (ARL)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 30, 2019
    ...arrange, purchase or sell loans or extensions of credit secured by liens on interests in real estate." 12 U.S.C. § 371(a) ; accord 12 C.F.R. § 34.3(a).1 The NBA also vested national banks with "all such incidental powers as shall be necessary to carry on the business of banking; by discount......
  • Zink v. First Niagara Bank, N.A., No. 13–CV–1076–A.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • May 9, 2014
    ...and servicing of mortgages” unless I first find that First Niagara “made” Zink's real estate loan, for—unlike 12 U.S.C. § 371(a) and 12 C.F.R. § 34.3(a) (both expressly referred to in § 34.4(a) ) which use the more expansive phrase “make, arrange, 18 F.Supp.3d 368purchase, or sell loans”— §......
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