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Mortgage Lending: § 160.35 Adjustments to home loans.

(a) For any home loan secured by borrower-occupied property, or property to be occupied by the borrower, adjustments to the interest rate, payment, balance, or term to maturity must comply with the limitations of this section and the disclosure and notice requirements of 560.210 until superseding regulations are issued by the Consumer Financial Protection Bureau.

Mortgage Lending: Listing of Provisions

Title 12—Banks and Banking

Chapter I—Comptroller of the Currency, Department of the Treasury

Part 191—Preemption of State Due–on–Sale Laws

Sec.

191.1 Authority, purpose, and scope.

191.2 Definitions.

191.3 Loans originated by Federal savings associations.

191.4 Loans originated by lenders other than Federal savings associations.

191.5 Limitation on exercise of due-on-sale clauses.

191.6 Interpretations.

Mortgage Lending: § 191.1 Authority, purpose, and scope.

(a) Authority. This part contains regulations issued under section 5 of the Home Owners’ Loan Act of 1933, as amended, and under section 341 of the Garn–St Germain Depository Institutions Act of 1982, Public Law 97–320, 96 Stat. 1469, 1505–1507.

Mortgage Lending: § 191.2 Definitions.

For the purposes of this part, the following definitions apply:

(a) Assumed includes transfers of real property subject to a real property loan by assumptions, installment land sales contracts, wraparound loans, contracts for deed, transfers subject to the mortgage or similar lien, and other like transfers. “Completed credit application” has the same meaning as completed application for credit as provided in § 202.2(f) of this title.

Mortgage Lending: § 191.5 Limitation on exercise of due-on-sale clauses.

(a) General. Except as provided in § 191.4(c) and (d)(4) of this part, due-on-sale practices of Federal savings associations and other lenders shall be governed exclusively by the OCC’s regulations, in preemption of and without regard to any limitations imposed by state law on either their inclusion or exercise including, without limitation, state law prohibitions against restraints on alienation, prohibitions against penalties and forfeitures, equitable restrictions and state law dealing with equitable transfers.

Mortgage Lending: § 191.6 Interpretations.

The OCC periodically will publish Interpretations under section 341 of the Garn–St Germain Depository Institutions Act of 1982, Public Law 97–320, 96 Stat. 1469, 1505–1507, in the Federal Register in response to written requests sent to the OCC.

Mortgage Lending: Listing of Provisions

Title 12—Banks and Banking

Chapter VII—National Credit Union Administration

Subchapter A—Regulations Affecting Credit Unions

Part 701—Organization and Operation of Federal Credit Unions

* * *

Sec.

701.21 Loans to members and lines of credit to members.

Mortgage Lending: G.2 NCUA Interpretive Letters

This section summarizes National Credit Union Administration (NCUA) interpretative letters and releases relating to the preemption of state laws by federal credit unions issued from 1992 forward. The full text of these letters are available online as companion material to this treatise. Archived and recently released letters and opinions can be obtained from NCUA’s website, https://www.ncua.gov. Then search by year.

Automobile Fraud: Introduction

This appendix is a state-by-state analysis of state statutes relating to automobile fraud. It includes summaries of state statutes covering:

Automobile Fraud: IDAHO

State Odometer Statute: Idaho Code §§ 49-1610, 49-1629 to 49-1630

Prohibited acts: (1) Remove or alter any odometer repair notice affixed to a vehicle with intent to defraud; (2) Disconnect, turn back or reset an odometer with intent to reduce mileage indicated; (3) Sell a vehicle with knowledge that the odometer has been turned back or replaced, without so notifying the buyer prior to sale; (4) Advertise for sale, sell, use or install any device which causes an odometer to inaccurately register mileage driven.

Automobile Fraud: ILLINOIS

State Odometer Statute: 625 Ill. Comp. Stat. § 5/3-112.1; 720 Ill. Comp. Stat. § 5/17-11

Prohibited acts: (1) Disconnect, reset or alter an odometer, or cause an odometer to be disconnected, reset or altered with intent to defraud and with intent to conceal or change the actual miles driven; (2) For any transferor to make an inaccurate or untruthful odometer statement when executing a transfer of title.

Automobile Fraud: MAINE

State Odometer Statute: Me. Stat. tit. 29-A, §§ 752, 2106

Prohibited acts: (1) Failure to comply with the disclosure regulations of the federal Truth in Mileage Act of 1986 and rules; (2) Disconnect, change or tamper with an odometer with intent to misrepresent or change mileage indicated; (3) Intentionally offer for sale a vehicle whose odometer indicates different mileage than actually driven without disclosing the odometer’s inaccurate reading; (4) Remove or alter an odometer repair notice.

Automobile Fraud: MASSACHUSETTS

State Odometer Statute: Mass. Gen. Laws ch. 266, §§ 141, 141A

Prohibited acts: (1) Advertise for sale, sell, use, install or have installed any device which causes an odometer to inaccurately register mileage driven; (2) Reset or alter an odometer with intent to change mileage indicated; (3) Operate a vehicle knowing the odometer is disconnected or nonfunctional, with intent to defraud; (4) Turn back or readjust an odometer with intent to misrepresent to a prospective purchaser actual mileage driven.

Automobile Fraud: MICHIGAN

State Odometer Statute: Mich. Comp. Laws § 257.233a

Prohibited acts: (1) Alter, set back or disconnect an odometer, or cause or allow an odometer to be altered, set back or disconnected; (2) Advertise for sale, sell, use, install or cause or allow to be installed any device which causes an odometer to incorrectly register mileage driven; (3) Remove or alter an odometer repair notice.