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12 U.S.C. § 5587 — Savings provisions

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

12 U.S.C. § 5587 — Savings provisions

**(a) Board of Governors** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/1&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Board of Governors (or any Federal reserve bank), or any other person that— (A) arises under any provision of law relating to any consumer financial protection function of the Board of Governors transferred to the Bureau by this title; 11 See References in Text note below. and (B) existed on the day before the designated transfer date. (2) **Continuation of suits** — No provision of this Act shall abate any proceeding commenced by or against the Board of Governors (or any Federal reserve bank) before the designated transfer date with respect to any consumer financial protection function of the Board of Governors (or any Federal reserve bank) transferred to the Bureau by this title,1 except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the Board of Governors (or Federal reserve bank) as a party to any such proceeding as of the designated transfer date. **(b) Federal Deposit Insurance Corporation** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/4&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Federal Deposit Insurance Corporation, the Board of Directors of that Corporation, or any other person, that— (A) arises under any provision of law relating to any consumer financial protection function of th

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Source file: Laws/federal/codes/united-states-code/title-12/section-5587-savings-provisions--750f372cbc.md
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Source location: Title 12, Chapter 53, § 5587; chapter-053-wall-street-reform-and-consumer-protection.md

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**(a) Board of Governors** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/1&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Board of Governors (or any Federal reserve bank), or any other person that— (A) arises under any provision of law relating to any consumer financial protection function of the Board of Governors transferred to the Bureau by this title; 11 See References in Text note below. and (B) existed on the day before the designated transfer date. (2) **Continuation of suits** — No provision of this Act shall abate any proceeding commenced by or against the Board of Governors (or any Federal reserve bank) before the designated transfer date with respect to any consumer financial protection function of the Board of Governors (or any Federal reserve bank) transferred to the Bureau by this title,1 except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the Board of Governors (or Federal reserve bank) as a party to any such proceeding as of the designated transfer date. **(b) Federal Deposit Insurance Corporation** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/4&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Federal Deposit Insurance Corporation, the Board of Directors of that Corporation, or any other person, that— (A) arises under any provision of law relating to any consumer financial protection function of the Federal Deposit Insurance Corporation transferred to the Bureau by this title; 1 and (B) existed on the day before the designated transfer date. (2) **Continuation of suits** — No provision of this Act shall abate any proceeding commenced by or against the Federal Deposit Insurance Corporation (or the Board of Directors of that Corporation) before the designated transfer date with respect to any consumer financial protection function of the Federal Deposit Insurance Corporation transferred to the Bureau by this title,1 except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the Federal Deposit Insurance Corporation (or Board of Directors) as a party to any such proceeding as of the designated transfer date. **(c) Federal Trade Commission** [Section 5581(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/5&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Federal Trade Commission, or any other person, that— (1) arises under any provision of law relating to any consumer financial protection function of the Federal Trade Commission transferred to the Bureau by this title; 1 and (2) existed on the day before the designated transfer date. **(d) National Credit Union Administration** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/6&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the National Credit Union Administration, the National Credit Union Administration Board, or any other person, that— (A) arises under any provision of law relating to any consumer financial protection function of the National Credit Union Administration transferred to the Bureau by this title; 1 and (B) existed on the day before the designated transfer date. (2) **Continuation of suits** — No provision of this Act shall abate any proceeding commenced by or against the National Credit Union Administration (or the National Credit Union Administration Board) before the designated transfer date with respect to any consumer financial protection function of the National Credit Union Administration transferred to the Bureau by this title,1 except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the National Credit Union Administration (or National Credit Union Administration Board) as a party to any such proceeding as of the designated transfer date. **(e) Office of the Comptroller of the Currency** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/2&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Comptroller of the Currency, the Office of the Comptroller of the Currency, or any other person, that— (A) arises under any provision of law relating to any consumer financial protection function of the Comptroller of the Currency transferred to the Bureau by this title; 1 and (B) existed on the day before the designated transfer date. (2) **Continuation of suits** — No provision of this Act shall abate any proceeding commenced by or against the Comptroller of the Currency (or the Office of the Comptroller of the Currency) with respect to any consumer financial protection function of the Comptroller of the Currency transferred to the Bureau by this title 1 before the designated transfer date, except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the Comptroller of the Currency (or the Office of the Comptroller of the Currency) as a party to any such proceeding as of the designated transfer date. **(f) Office of Thrift Supervision** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/3&num=0&edition=prelim) does not affect the validity of any right, duty, or obligation of the United States, the Director of the Office of Thrift Supervision, the Office of Thrift Supervision, or any other person, that— (A) arises under any provision of law relating to any consumer financial protection function of the Director of the Office of Thrift Supervision transferred to the Bureau by this title; 1 and (B) that 22 So in original. The word “that” probably should not appear. existed on the day before the designated transfer date. (2) **Continuation of suits** — No provision of this Act shall abate any proceeding commenced by or against the Director of the Office of Thrift Supervision (or the Office of Thrift Supervision) with respect to any consumer financial protection function of the Director of the Office of Thrift Supervision transferred to the Bureau by this title 1 before the designated transfer date, except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the Director (or the Office of Thrift Supervision) as a party to any such proceeding as of the designated transfer date. **(g) Department of Housing and Urban Development** (1) **Existing rights, duties, and obligations not affected** — [Section 5581(b)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5581/b/7&num=0&edition=prelim) shall not affect the validity of any right, duty, or obligation of the United States, the Secretary of the Department of Housing and Urban Development (or the Department of Housing and Urban Development), or any other person, that— (A) arises under any provision of law relating to any function of the Secretary of the Department of Housing and Urban Development with respect to the Real Estate Settlement Procedures Act of 1974 ([12 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2601&num=0&edition=prelim) et seq.), the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 [[12 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5101&num=0&edition=prelim) et seq.], or the Interstate Land Sales Full Disclosure Act ([15 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1701&num=0&edition=prelim) et seq) 33 So in original. Probably should be a period after “seq”. transferred to the Bureau by this title; 1 and (B) existed on the day before the designated transfer date. (2) **Continuation of suits** — This title 1 shall not abate any proceeding commenced by or against the Secretary of the Department of Housing and Urban Development (or the Department of Housing and Urban Development) with respect to any consumer financial protection function of the Secretary of the Department of Housing and Urban Development transferred to the Bureau by this title 1 before the designated transfer date, except that the Bureau, subject to sections 5514, 5515, and 5516 of this title, shall be substituted for the Secretary of the Department of Housing and Urban Development (or the Department of Housing and Urban Development) as a party to any such proceeding as of the designated transfer date. **(h) Continuation of existing orders, rulings, determinations, agreements, and resolutions** (1) **In general** — Except as provided in paragraph (2) and under subsection (i), all orders, resolutions, determinations, agreements, and rulings that have been issued, made, prescribed, or allowed to become effective by any transferor agency or by a court of competent jurisdiction, in the performance of consumer financial protection functions that are transferred by this title 1 and that are in effect on the day before the designated transfer date, shall continue in effect, and shall continue to be enforceable by the appropriate transferor agency, according to the terms of those orders, resolutions, determinations, agreements, and rulings, and shall not be enforceable by or against the Bureau. (2) **Exception for orders applicable to persons described in [section 5515(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5515/a&num=0&edition=prelim)** — All orders, resolutions, determinations, agreements, and rulings that have been issued, made, prescribed, or allowed to become effective by any transferor agency or by a court of competent jurisdiction, in the performance of consumer financial protection functions that are transferred by this title 1 and that are in effect on the day before the designated transfer date with respect to any person described in [section 5515(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5515/a&num=0&edition=prelim), shall continue in effect, according to the terms of those orders, resolutions, determinations, agreements, and rulings, and shall be enforceable by or against the Bureau or transferor agency. **(i) Identification of rules and orders continued** Not later than the designated transfer date, the Bureau— (1) shall, after consultation with the head of each transferor agency, identify the rules and orders that will be enforced by the Bureau; and (2) shall publish a list of such rules and orders in the Federal Register. **(j) Status of rules proposed or not yet effective** (1) **Proposed rules** — Any proposed rule of a transferor agency which that agency, in performing consumer financial protection functions transferred by this title,1 has proposed before the designated transfer date, but has not been published as a final rule before that date, shall be deemed to be a proposed rule of the Bureau. (2) **Rules not yet effective** — Any interim or final rule of a transferor agency which that agency, in performing consumer financial protection functions transferred by this title,1 has published before the designated transfer date, but which has not become effective before that date, shall become effective as a rule of the Bureau according to its terms.

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

12 U.S.C. § 5101 — Purposes and methods for establishing a mortgage licensing system and registry

In order to increase uniformity, reduce regulatory burden, enhance consumer protection, and reduce fraud, the States, through the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, are hereby encouraged to establish a Nationwide Mortgage Licensing System and Registry for the residential mortgage industry that accomplishes all of the following objectives: (1) Provides uniform license applications and reporting requirements for State-licensed loan originators. (2) Provides a comprehensive licensing and supervisory database. (3) Aggregates and improves the flow of information to and between regulators. (4) Provides increased accountability and tracking of loan originators. (5) Streamlines the licensing process and reduces the regulatory burden. (6) Enhances consumer protections and supports anti-fraud measures. (7) Provides consumers with easily accessible information, offered at no charge, utilizing electronic media, including the Internet, regarding the employment history of, and publicly adjudicated disciplinary and enforcement actions against, loan originators. (8) Establishes a means by which residential mortgage loan originators would, to the greatest extent possible, be required to act in the best interests of the consumer. (9) Facilitates responsible behavior in the subprime mortgage market place and provides comprehensive training and examination requirements related to subprime mortgage lending. (10) Facilitates the collection and disbursement of consumer complaints on behalf of State and Federal mortgage regulators.

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

12 U.S.C. § 2601 — Congressional findings and purpose

**(a)** The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country. The Congress also finds that it has been over two years since the Secretary of Housing and Urban Development and the Administrator of Veterans’ Affairs submitted their joint report to the Congress on “Mortgage Settlement Costs” and that the time has come for the recommendations for Federal legislative action made in that report to be implemented. **(b)** It is the purpose of this chapter to effect certain changes in the settlement process for residential real estate that will result— (1) in more effective advance disclosure to home buyers and sellers of settlement costs; (2) in the elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services; (3) in a reduction in the amounts home buyers are required to place in escrow accounts established to insure the payment of real estate taxes and insurance; and (4) in significant reform and modernization of local recordkeeping of land title information.

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

12 U.S.C. § 5301 — Regulations

**(a) In general** The Secretary is authorized to promulgate regulations to implement and administer the grant programs and undertakings authorized by this subchapter. **(b) Regulatory authority** Regulations prescribed under this section may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of grant programs, undertakings, or eligible entities, as, in the judgment of the Secretary, are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion of this subchapter, or to facilitate compliance with this subchapter.

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

15 U.S.C. § 1701 — Definitions

For the purposes of this chapter, the term— (1) “Director” means the Director of the Bureau of Consumer Financial Protection; (2) “person” means an individual, or an unincorporated organization, partnership, association, corporation, trust, or estate; (3) “subdivision” means any land which is located in any State or in a foreign country and is divided or is proposed to be divided into lots, whether contiguous or not, for the purpose of sale or lease as part of a common promotional plan; (4) “common promotional plan” means a plan, undertaken by a single developer or a group of developers acting in concert, to offer lots for sale or lease; where such land is offered for sale by such a developer or group of developers acting in concert, and such land is contiguous or is known, designated, or advertised as a common unit or by a common name, such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan; (5) “developer” means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision; (6) “agent” means any person who represents, or acts for or on behalf of, a developer in selling or leasing, or offering to sell or lease, any lot or lots in a subdivision; but shall not include an attorney at law whose representation of another person consists solely of rendering legal services; (7) “blanket encumbrance” means a trust deed, mortgage, judgment, or any other lien or encumbrance, including an option or contract to sell or a trust agreement, affecting a subdivision or affecting more than one lot offered within a subdivision except that such term shall not include any lien or other

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

12 U.S.C. § 2601 — Congressional findings and purpose

Page 1442 TITLE 12—BANKS AND BANKING § 2601 shall be entitled to escheat or take custody of the sum payable on such money order, trav- eler’s check, or similar written instrument, to the extent of that State’s power under its own laws to escheat or take custody of such sum, subject to the right of the State of purchase to recover such sum from the State of principal place of business if and when the law of the State of purchase makes provision for escheat or custodial taking of such sum. (Pub. L. 93–495, title VI, § 603, Oct. 28, 1974, 88 Stat. 1525.) CHAPTER 27—REAL ESTATE SETTLEMENT PROCEDURES Sec. 2601. Congressional findings and purpose. 2602. Definitions. 2603. Uniform settlement statement. 2604. Home buying information booklets. 2605. Servicing of mortgage loans and administra- tion of escrow accounts. 2606. Exempted transactions. 2607. Prohibition against kickbacks and unearned fees. 2608. Title companies; liability of seller. 2609. Limitation on requirement of advance depos- its in escrow accounts. 2610. Prohibition of fees for preparation of truth- in-lending, uniform settlement, and escrow account statements. 2611 to 2613. Repealed. 2614. Jurisdiction of courts; limitations. 2615. Contracts and liens; validity. 2616. State laws unaffected; inconsistent Federal and State provisions. 2617. Authority of Bureau. § 2601. Congressional findings and purpose (a) The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely infor- mation on the nature and costs of the settle- ment process and are protected from unneces- sarily high settlement charges caused by certain abusive practices that have develo

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

12 U.S.C. § 5101 — Purposes and methods for establishing a

Page 1786 TITLE 12—BANKS AND BANKING § 5101 1 See References in Text note below. mitted by the President under section 1105 of title 31 for the following fiscal year and if so, the report shall be submitted concur- rently to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (B) Final report following transition (i) In general Following completion of the transition from the use of compensating balances to the use of the appropriations authorized in subsection (b) to pay financial institutions for their services as depositaries and finan- cial agents of the United States, the Sec- retary of the Treasury shall submit a re- port on the transition to the Committee on Financial Services of the House of Rep- resentatives and the Committee on Bank- ing, Housing, and Urban Affairs of the Sen- ate. (ii) Contents of report The report submitted under clause (i) shall include a detailed analysis of— (I) the cost of transition; (II) the direct costs of the services being paid from the appropriations au- thorized in subsection (b); and (III) the benefits realized from the use of direct payment for such services, rath- er than the use of compensating balance arrangements. (d) Omitted (e) Effective date Notwithstanding section 20,1 this section shall take effect on October 28, 2003. (Pub. L. 108–100, § 19, Oct. 28, 2003, 117 Stat. 1191.) Editorial Notes REFERENCES IN TEXT Section 20, referred to in subsec. (e), means section 20 of Pub. L. 108–100, which is set out as an Effective Date note under section 5001 of this title. CODIFICATION Section is comprised of section 19 of Pub. L. 108–100. Subsec. (d) of section 19 of Pub. L. 108–100 amended sec- tion 412 of this t

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

12 U.S.C. § 5587 — Transition oversight

Page 2003 TITLE 12—BANKS AND BANKING § 5587 1 See References in Text note below. under this section receive equitable treat- ment, with respect to the status, tenure, pay, benefits (other than benefits under programs administered by the Office of Personnel Man- agement), and accrued leave or vacation time of those employees, for prior periods of service with any Federal agency, including the Board of Governors, the Corporation, the Depart- ment of Housing and Urban Development, the National Credit Union Administration, the Of- fice of the Comptroller of the Currency, the Office of Thrift Supervision, a Federal reserve bank, a Federal home loan bank, or a joint of- fice of the Federal home loan banks. (l) Implementation In implementing the provisions of this section, the Bureau shall coordinate with the Office of Personnel Management and other entities hav- ing expertise in matters related to employment to ensure a fair and orderly transition for af- fected employees. (Pub. L. 111–203, title X, § 1064, July 21, 2010, 124 Stat. 2043.) Editorial Notes REFERENCES IN TEXT This title, where footnoted in subsecs. (a), (c)(2), (i)(2)(F), (G)(iv), and (j), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Fi- nancial Protection Act of 2010, which enacted this sub- chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables. § 5585. Incidental transfers (a) Incidental transfers authorized The Director of the Office of Management and Budget, in consultation with the Secretary, shall make such additional incidental transfers and dispositions of assets and liabilities

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

15 U.S.C. § 1701 — Definitions

Page 1667 TITLE 15—COMMERCE AND TRADE § 1701 Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking, which pro- vided that the renumbering by Pub. L. 111–24 was effec- tive 15 months after May 22, 2009, and the renumbering by Pub. L. 111–203 was effective 1 day after July 21, 2010. PRIOR PROVISIONS A prior section 922 of Pub. L. 90–321 was renumbered section 923 and is classified as an Effective Date note under section 1693 of this title. AMENDMENTS 2010—Pub. L. 111–203, § 1084(1), substituted ‘‘Bureau’’ for ‘‘Board’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by section 1084(1) of Pub. L. 111–203 effec- tive on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. CHAPTER 42—INTERSTATE LAND SALES Sec. 1701. Definitions. 1702. Exemptions. 1703. Requirements respecting sale or lease of lots. 1704. Registration of subdivisions. 1705. Information required in statement of record. 1706. Effective date of statements of record and amendments thereto. 1707. Property report. 1708. Certification of substantially equivalent State law. 1709. Civil liabilities. 1710. Court review of orders. 1711. Limitation of actions. 1712. Contrary stipulations void. 1713. Additional remedies. 1714. Investigations, injunctions, and prosecution of offenses. 1715. Administration. 1716. Unlawful representations. 1717. Penalties for violations. 1717a. Civil money penalties. 1718. Rules, regulations, and orders. 1719. Jurisdiction of offenses and suits. 1719a. Repealed. 1720. Authorization of appropriations. § 1701. Definitions For the p

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