Title 12, Banks and BankingRelease 119-102
§2616 State Laws Unaffected; Inconsistent Federal and State Provisions
Title 12 › CHAPTER 27 — REAL ESTATE SETTLEMENT PROCEDURES › § 2616
Summary
State settlement-practice laws still apply unless they clash with this chapter; if they clash, the chapter governs only for the parts that conflict. The Bureau decides if a clash exists, but it cannot override a state law that gives more consumer protection, and it must consult the relevant federal agencies when making that decision.
Full Legal Text
Title 12, §2616
Banks and Banking, Source: USLM XML via OLRC
This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to settlement practices, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this chapter if the Bureau determines that such law gives greater protection to the consumer. In making these determinations the Bureau shall consult with the appropriate Federal agencies.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2010—Pub. L. 111–203 substituted “Bureau” for “Secretary” wherever appearing. 1976—Pub. L. 94–205 struck out “(a)” before “This chapter” and struck out subsec. (b) which provided for Federal protection against liability for acts done or omitted in good faith in accordance with the rules,
Regulations
, or interpretations issued by the Secretary. See section 2617 (b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Effective Date
of 1976 AmendmentAmendment by Pub. L. 94–205 effective Jan. 2, 1976, see section 12 of Pub. L. 94–205, set out as a note under section 2602 of this title.
Effective Date
Section effective 180 days after Dec. 22, 1974, see section 20 of Pub. L. 93–533, set out as a note under section 2601 of this title.
Reference
Citations & Metadata
Citation
12 U.S.C. § 2616
Title 12, Banks and Banking
Last Updated
Aug 21, 2026
Release point: 119-102