However, the problem enjoys yet to-be formally fixed towards OCC and you will federal banking companies. Pertaining to a query regarding the same Georgia legislation one to the newest OTS recently said are preempted, new Georgia Fair Credit Operate, the latest OCC has refused and make a primary governing and you can required opinion getting a time period of thirty day period prior to this problem. Come across , OCC Press release “OCC Factors Recommendations to Federal Banking companies to guard Against Abusive Credit Practices; Attracts Statements into Consult to determine that Georgia Rules are Preempted,” NR-2003-08 and you may OCC See away from Obtain Preemption Dedication Buy, Docket No. 03-04. Whilst the OCC has said you to its governing could be used simply to the details of the fresh new Georgia legislation, it is very obvious one their ifications on preemption away from almost every other state prepayment rules.
Especially, during the several CFR , named Prepayment Penalties, the new OCC declared, “a nationwide bank offering otherwise purchasing Arm funds may impose charges to have prepayments in spite of any state laws constraints on the other hand
The effectiveness of new OCC to regulate federal banks comes from 12 USC 371, and this vests new “full power to control and you will limitation the real property financing affairs of national banking companies.” OCC, Docket Zero. 03-04- Notice off Request for Preemption Commitment or Buy. Continue lendo See , NCUA Advice letter Re: Applicability from State Credit Controls so you can Federal Credit Unions