§ 2802. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC2802]
TITLE 12--BANKS AND BANKING
CHAPTER 29--HOME MORTGAGE DISCLOSURE
Sec. 2802. Definitions
For purposes of this chapter--
(1) the term ``mortgage loan'' means a loan which is secured by
residential real property or a home improvement loan;
(2) the term ``depository institution''--
(A) means--
(i) any bank (as defined in section 1813(a)(1) of this
title);
(ii) any savings association (as defined in section
1813(b)(1) of this title); and
(iii) any credit union,
which makes federally related mortgage loans as determined by
the Board; and
(B) includes any other lending institution (as defined in
paragraph (4)) other than any institution described in
subparagraph (A);
(3) the term ``completed application'' means an application in
which the creditor has received the information that is regularly
obtained in evaluating applications for the amount and type of
credit requested;
(4) the term ``other lending institutions'' means any person
engaged for profit in the business of mortgage lending;
(5) the term ``Board'' means the Board of Governors of the
Federal Reserve System; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(Pub. L. 94-200, title III, Sec. 303, Dec. 31, 1975, 89 Stat. 1125; Pub.
L. 100-242, title V, Sec. 565(a)(1), Feb. 5, 1988, 101 Stat. 1945; Pub.
L. 101-73, title XII, Sec. 1211(d), (e), Aug. 9, 1989, 103 Stat. 525.)
Amendments
1989--Par. (2). Pub. L. 101-73, Sec. 1211(d), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``the term
`depository institution' means any commercial bank, savings bank,
savings and loan association, building and loan association, homestead
association (including cooperative banks) or credit union which makes
federally related mortgage loans as determined by the Board, mortgage
banking subsidiary of a bank holding company or savings and loan holding
company, or savings and loan service corporation that originates or
purchases mortgage loans;''.
Pars. (3) to (6). Pub. L. 101-73, Sec. 1211(e), added pars. (3) and
(4) and redesignated former pars. (3) and (4) as (5) and (6),
respectively.
1988--Par. (2). Pub. L. 100-242 struck out ``or'' before ``homestead
association'' and inserted before semicolon at end ``, mortgage banking
subsidiary of a bank holding company or savings and loan holding
company, or savings and loan service corporation that originates or
purchases mortgage loans''.
Effective Date of 1989 Amendment
Section 1211(k) of Pub. L. 101-73 provided that: ``The amendments
made by this section [amending this section and sections 2803, 2804,
2807, and 2810 of this title] shall apply to each calendar year
beginning after December 31, 1989.''
Effective Date of 1988 Amendment
Section 565(a)(4) of Pub. L. 100-242, as amended by Pub. L. 100-628,
title X, Sec. 1087(a), Nov. 7, 1988, 102 Stat. 3280, provided that:
``The amendments made by this subsection [amending sections 2802, 2803,
and 2810 of this title] shall be applicable to the portion of calendar
year 1988 that begins August 19, 1988, and to each calendar year
beginning after December 31, 1988.''
Section Referred to in Other Sections
This section is referred to in sections 2803, 2808 of this title.
