[Code of Federal Regulations]

[Title 24, Volume 5]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR3500.13]



[Page 277]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 

        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 3500_REAL ESTATE SETTLEMENT PROCEDURES ACT--Table of Contents

 

Sec.  3500.13  Relation to State laws.



    (a) State laws that are inconsistent with RESPA or this part are 

preempted to the extent of the inconsistency. However, RESPA and these 

regulations do not annul, alter, affect, or exempt any person subject to 

their provisions from complying with the laws of any State with respect 

to settlement practices, except to the extent of the inconsistency.

    (b) Upon request by any person, the Secretary is authorized to 

determine if inconsistencies with State law exist; in doing so, the 

Secretary shall consult with appropriate Federal agencies.

    (1) The Secretary may not determine that a State law or regulation 

is inconsistent with any provision of RESPA or this part, if the 

Secretary determines that such law or regulation gives greater 

protection to the consumer.

    (2) In determining whether provisions of State law or regulations 

concerning affiliated business arrangements are inconsistent with RESPA 

or this part, the Secretary may not construe those provisions that 

impose more stringent limitations on affiliated business arrangements as 

inconsistent with RESPA so long as they give more protection to 

consumers and/or competition.

    (c) Any person may request the Secretary to determine whether an 

inconsistency exists by submitting to the address indicated in Sec.  

3500.3, a copy of the State law in question, any other law or judicial 

or administrative opinion that implements, interprets or applies the 

relevant provision, and an explanation of the possible inconsistency. A 

determination by the Secretary that an inconsistency with State law 

exists will be made by publication of a notice in the Federal Register. 

``Law'' as used in this section includes regulations and any enactment 

which has the force and effect of law and is issued by a State or any 

political subdivision of a State.

    (d) A specific preemption of conflicting State laws regarding 

notices and disclosures of mortgage servicing transfers is set forth in 

Sec.  3500.21(h).



[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 58476, Nov. 15, 1996]