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12 U.S.C. § 4908

Effect on other laws and agreements

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

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12 U.S.C. § 4908, Effect on other laws and agreements, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/438872
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With respect to any residential mortgage or residential mortgage transaction consummated after the effective date of this chapter, and except as provided in paragraph (2), the provisions of this chapter shall supersede any provisions of the law of any State relating to requirements for obtaining or maintaining private mortgage insurance in connection with residential mortgage transactions, cancellation or automatic termination of such private mortgage insurance, any disclosure of information addressed by this chapter, and any other matter specifically addressed by this chapter. The provisions of this chapter do not supersede protected State laws, except to the extent that the protected State laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. A protected State law shall not be considered to be inconsistent with a provision of this chapter if the protected State law— requires termination of private mortgage insurance or other mortgage guaranty insurance— requires disclosure of information— For purposes of this paragraph, the term “protected State law” means a State law— The provisions of this chapter shall supersede any conflicting provision contained in any agreement relating to the servicing of a residential mortgage loan entered into by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or any private investor or note holder (or any successors thereto).

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. 105-216(S. 318)1998-07-29
    Homeowners Protection Act of 1998
    House: no recorded tallySenate: no recorded tally