12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?
| Cite as | 12 CFR 557.11 |
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18 practice notes
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Bank activities and operations and real estate lending and appraisals:
National banks; State law applicability,
...estate lending generally); 34.5 (due-on-sale 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 Revisions to Part 34--Real Estate Lending Current OCC Regulations Part 34 of our rules implements 12 U.S.C. 371,......
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In re Washington Mut. Overdraft Protection Litig., Case No. CV 03-2566 ABC (RCx).
...preemption. Specifically, Defendant argues that the pursuant to the Home Owners' Loan Act ("HOLA"), 12 U.S.C. § 1461, et seq., and 12 C.F.R. §§ 557.11 and 560.2, the Office of Thrift Supervision ("OTS") has expressly occupied the entire field of regulating deposit-related and lending-relate......
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State Farm Bank, F.S.B. v. Burke, No. 3:05CV808 (JBA).
...activities at issue here, OTS's regulation of federal savings associations explicitly preempts any state laws or regulations. See 12 C.F.R. § 557.11(b) ("OTS hereby occupies the entire field of federal Page 211 associations' deposit-related regulations. OTS intends to give federal savings a......
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McKell v. Washington Mut., Inc., No. B176377.
...of Civil Procedure section 704.080, which exempts Social Security and SSI benefits from any enforcement action, has been preempted by 12 C.F.R. part 557.11 (2002), a deposit-related regulation closely comparable to 12 C.F.R. part 560.2. Because the state statute imposes requirements governi......
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15 cases
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In re Washington Mut. Overdraft Protection Litig., Case No. CV 03-2566 ABC (RCx).
...Specifically, Defendant argues that the pursuant to the Home Owners' Loan Act ("HOLA"), 12 U.S.C. § 1461, et seq., and 12 C.F.R. §§ 557.11 and 560.2, the Office of Thrift Supervision ("OTS") has expressly occupied the entire field of regulating deposit-related and lendin......
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State Farm Bank, F.S.B. v. Burke, No. 3:05CV808 (JBA).
...activities at issue here, OTS's regulation of federal savings associations explicitly preempts any state laws or regulations. See 12 C.F.R. § 557.11(b) ("OTS hereby occupies the entire field of federal Page 211 associations' deposit-related regulations. OTS intends to give federal savi......
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McKell v. Washington Mut., Inc., No. B176377.
...of Civil Procedure section 704.080, which exempts Social Security and SSI benefits from any enforcement action, has been preempted by 12 C.F.R. part 557.11 (2002), a deposit-related regulation closely comparable to 12 C.F.R. part 560.2. Because the state statute imposes requirements governi......
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Lopez v. World Savings & Loan Assn., No. A095666.
...of Civil Procedure section 704.080, which exempts Social Security and SSI benefits from any enforcement action, has been preempted by 12 C.F.R. part 557.11, a deposit-related regulation closely comparable to 12 C.F.R. part 560.2. Because the state statute imposes requirements governing chec......
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1 firm's commentaries
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Time For A Change - The Thrift Charter And Strategic Considerations For Conversion
...greater than $10 billion and their affiliates, to monitor compliance with the requirements of the federal consumer financial laws. 6 12 C.F.R. §§ 557.11(b) and 560.2. With respect to federal thrifts, preemption is the legal standard that enables the institution to operate nationwide, under ......