[Code of Federal Regulations]
[Title 24, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR3500.13]

[Page 266]
 
                 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]