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12 U.S.C. § 3804

Applicability of preemption provisions

United States · Title 12 — BANKS AND BANKING · Status: effective

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12 U.S.C. § 3804, Applicability of preemption provisions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/438606
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The provisions of section 3803 of this title shall not apply to any alternative mortgage transaction in any State made on or after the effective date (if such effective date occurs on or after October 15, 1982, and prior to a date three years after October 15, 1982) of a State law or a certification that the voters of such State have voted in favor of any provision, constitutional or otherwise, which states explicitly and by its terms that such State does not want the preemption provided in section 3803 of this title to apply with respect to alternative mortgage transactions (or to any class or type of alternative mortgage transaction) subject to the laws of such State, except that section 3803 of this title shall continue to apply to— An alternative mortgage transaction shall be deemed to have been undertaken during the preemption period to which this section applies if it—

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.

  • Enacted byPub. L. 97-320(H.R. 6267)1982-10-15
    Garn-St. Germain Depository Institutions Act of 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-181(H.R. 3959)1983-11-30
    Supplemental Appropriations Act, 1984
    House: no recorded tallySenate: no recorded tally