Home Foreclosures: 8.11.4 The OCC’s Current Preemption Regulation
Any analysis of the scope or application of the Dodd-Frank Act’s preemption provision is complicated by the preemption rules published by the Office of the Comptroller of the Currency (OCC). On July 21, 2011, the OCC published amendments to its 2004 preemption rules,834 purporting to conform them to the Dodd-Frank Act’s requirements. There are, however, significant questions about the scope and validity of the OCC’s 2011 preemption regulations.