12 U.S.C. § 3803
Alternative mortgage authority
United States · Title 12 — BANKS AND BANKING · Status: effective
Cite this
- Citation
- 12 U.S.C. § 3803, Alternative mortgage authority, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/438605
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Full text
In order to prevent discrimination against State-chartered depository institutions, and other nonfederally chartered housing creditors, with respect to making, purchasing, and enforcing alternative mortgage transactions, housing creditors may make, purchase, and enforce alternative mortgage transactions, except that this section shall apply—
For the purpose of determining the applicability of this section, an alternative mortgage transaction shall be deemed to be made in accordance with the applicable regulation notwithstanding the housing creditor’s failure to comply with the regulation, if—
An alternative mortgage transaction may be made by a housing creditor in accordance with this section, notwithstanding any State constitution, law, or regulation that prohibits an alternative mortgage transaction. For purposes of this subsection, a State constitution, law, or regulation that prohibits an alternative mortgage transaction does not include any State constitution, law, or regulation that regulates mortgage transactions generally, including any restriction on prepayment penalties or late charges.
The Bureau of Consumer Financial Protection shall—
As used in this section, the term “designated transfer date” means the date determined under section 1062 of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5582].
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Garn-St. Germain Depository Institutions Act of 1982House: no recorded tallySenate: no recorded tally
- Financial Institutions Reform, Recovery, and Enforcement Act of 1989House: no recorded tallySenate: no recorded tally
- Dodd-Frank Wall Street Reform and Consumer Protection Act