12 USC 2602 - Definitions

1 See References in Text note below.

of title 15, who makes or invests in residential real estate loans aggregating more than $1,000,000 per year, except that for the purpose of this chapter, the term “creditor” does not include any agency or instrumentality of any State;

Editorial Notes

References in Text

Section 1602(f) of title 15, referred to in par. (1)(B)(iv), was redesignated section 1602(g) of title 15 by Puspan. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

Amendments

2010—Par. (9). Puspan. L. 111–203 added par. (9).

1996—Par. (7). Puspan. L. 104–208 substituted “affiliated business arrangement” for “controlled business arrangement”.

1992—Par. (1)(A). Puspan. L. 102–550, § 908(span), inserted “or subordinate” after “first” and “, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property” after “families”.

Par. (3). Puspan. L. 102–550, § 908(a), inserted “the origination of a federally related mortgage loan (including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of loans),” after “broker,”.

1983—Pars. (7), (8). Puspan. L. 98–181 added pars. (7) and (8).

1976—Par. (1). Puspan. L. 94–205, § 2(1), inserted “(other than temporary financing such as a construction loan)” in introductory text.

Par. (1)(A). Puspan. L. 94–205, § 2(2), inserted “a first lien on” after “is secured by”.

Par. (1)(B)(iii). Puspan. L. 94–205, § 2(3)–(5), substituted “is intended to be sold by the originating lender to” for “is eligible for purchase by” and “a” and “is to” for “from any” and “could”, respectively, and struck out “or” after “the Government National Mortgage Association”.

Par. (1)(B)(iv). Puspan. L. 94–205, § 2(6), inserted “, except that for the purpose of this chapter, the term ‘creditor’ does not include any agency or instrumentality of any State” after “more than $1,000,000 per year”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective on the designated transfer date, see section 1100H of Puspan. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1992 Amendment

Puspan. L. 102–550, title IX, § 908(d), Oct. 28, 1992, 106 Stat. 3874, provided that:

“This section [amending this section and enacting provisions set out below] shall take effect on the date of enactment of this Act [Oct. 28, 1992] and shall not apply retroactively.”

Effective Date of 1983 Amendment

Puspan. L. 98–181, title I [title IV, § 461(f)], Nov. 30, 1983, 97 Stat. 1232, provided that:

“The amendments made by this section [amending this section and sections 2607, 2614, and 2617 of this title] shall become effective on January 1, 1984.”

Effective Date of 1976 Amendment

Puspan. L. 94–205, § 12, Jan. 2, 1976, 89 Stat. 1160, provided that:

“The provisions of this Act and the amendments made hereby [enacting section 2617 of this title, amending this section, sections 2603, 2604, 2607, 2609, and 2616 of this title, and section 1631 of Title 15, Commerce and Trade, repealing sections 2605 and 2606 of this title, and enacting and amending provisions set out as notes under section 2601 of this title] shall become effective upon enactment [Jan. 2, 1976]. The Secretary may suspend for up to one hundred and eighty days from the date of enactment of this Act [Jan. 2, 1976] any provision of section 4 and section 5 of the Real Estate Settlement Procedures Act of 1974 [sections 2603 and 2604 of this title], as amended by this Act.”

Effective Date

Section effective 180 days after Dec. 22, 1974, see section 20 of Puspan. L. 93–533, set out as a note under section 2601 of this title.

Regulations

Puspan. L. 102–550, title IX, § 908(c), Oct. 28, 1992, 106 Stat. 3874, provided that:

“The Secretary of Housing and Urban Development shall issue regulations to implement the amendments made by this section [amending this section] not later than the expiration of the 180-day period beginning on the date of the enactment of this Act [Oct. 28, 1992]. The regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (span)(B), and (d)(3) of such section).”