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12 U.S.C. § 3805 — Applicability of consumer protection provisions

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3805 — Applicability of consumer protection provisions

Section 501(c)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980 shall not apply to transactions which are subject to this chapter.

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Stable record: federal_law:legal_authorities:record_usc_199470f0a013bea0ff185bd6
Source file: Laws/federal/codes/united-states-code/title-12/section-3805-applicability-of-consumer-protection-provisions--dbfb688513.md
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Source location: Title 12, Chapter 39, § 3805; chapter-039-alternative-mortgage-transactions.md

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Section 501(c)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980 shall not apply to transactions which are subject to this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3801 — Findings and purpose

**(a)** The Congress hereby finds that— (1) increasingly volatile and dynamic changes in interest rates have seriously impared 11 So in original. Probably should be “impaired”. the ability of housing creditors to provide consumers with fixed-term, fixed-rate credit secured by interests in real property, cooperative housing, manufactured homes, and other dwellings; (2) alternative mortgage transactions are essential to the provision of an adequate supply of credit secured by residential property necessary to meet the demand expected during the 1980’s; and (3) the Comptroller of the Currency, the National Credit Union Administration, and the Director of the Office of Thrift Supervision have recognized the importance of alternative mortgage transactions and have adopted regulations authorizing federally chartered depository institutions to engage in alternative mortgage financing. **(b)** It is the purpose of this chapter to eliminate the discriminatory impact that those regulations have upon nonfederally chartered housing creditors and provide them with parity with federally chartered institutions by authorizing all housing creditors to make, purchase, and enforce alternative mortgage transactions so long as the transactions are in conformity with the regulations issued by the Federal agencies.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3805 — Applicability of consumer protection pro-

Page 1573 TITLE 12—BANKS AND BANKING § 3806 terms that such State does not want the pre- emption provided in section 3803 of this title to apply with respect to alternative mortgage transactions (or to any class or type of alter- native mortgage transaction) subject to the laws of such State, except that section 3803 of this title shall continue to apply to— (1) any alternative mortgage transaction un- dertaken on or after such date pursuant to an agreement to undertake such alternative mortgage transaction which was entered into on or after October 15, 1982, and prior to such later date (the ‘‘preemption period’’); and (2) any renewal, extension, refinancing, or other modification of an alternative mortgage transaction that was entered into during the preemption period. (b) An alternative mortgage transaction shall be deemed to have been undertaken during the preemption period to which this section applies if it— (1) is funded or extended in whole or in part during the preemption period, regardless of whether pursuant to a commitment or other agreement therefor made prior to that period; or (2) is a renewal, extension, refinancing, or other modification of an alternative mortgage transaction entered into before the preemp- tion period and such renewal, extension, or other modification is made during such period with the written consent of any person obli- gated to repay such credit. (Pub. L. 97–320, title VIII, § 805, Oct. 15, 1982, 96 Stat. 1547; Pub. L. 98–181, title I [title IV, § 472], Nov. 30, 1983, 97 Stat. 1237.) Editorial Notes AMENDMENTS 1983—Subsec. (a). Pub. L. 98–181 inserted ‘‘(or to any class or type of alternative mortgage transaction)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 15, 19

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