§ 2616. — State laws unaffected; inconsistent Federal and State provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC2616]
TITLE 12--BANKS AND BANKING
CHAPTER 27--REAL ESTATE SETTLEMENT PROCEDURES
Sec. 2616. State laws unaffected; inconsistent Federal and State
provisions
This chapter does not annul, alter, or affect, or exempt any person
subject to the provisions of this chapter from complying with, the laws
of any State with respect to settlement practices, except to the extent
that those laws are inconsistent with any provision of this chapter, and
then only to the extent of the inconsistency. The Secretary is
authorized to determine whether such inconsistencies exist. The
Secretary may not determine that any State law is inconsistent with any
provision of this chapter if the Secretary determines that such law
gives greater protection to the consumer. In making these determinations
the Secretary shall consult with the appropriate Federal agencies.
(Pub. L. 93-533, Sec. 18, Dec. 22, 1974, 88 Stat. 1731; Pub. L. 94-205,
Sec. 9, Jan. 2, 1976, 89 Stat. 1159.)
Amendments
1976--Pub. L. 94-205 struck out ``(a)'' before ``This chapter'' and
struck out subsec. (b) which provided for Federal protection against
liability for acts done or omitted in good faith in accordance with the
rules, regulations, or interpretations issued by the Secretary. See
section 2617 (b) of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-205 effective Jan. 2, 1976, see section 12
of Pub. L. 94-205, set out as a note under section 2602 of this title.
