12 U.S.C. §4908 — Effect on other laws

Name: 12 U.S.C. §4908 — Effect on other laws — machine-readable register
Creator: Claude for Compliance
License: https://creativecommons.org/licenses/by-nd/4.0/

hpa-12usc-4908

HPA preemption section. General federal preemption of State PMI requirements, cancellation/automatic termination, and disclosure law; preservation of more-borrower-favorable "protected State laws" (enacted within 2 years of July 29, 1998, by States with pre-existing PMI law as of January 2, 1998); supersession of conflicting Fannie Mae, Freddie Mac, and private-investor servicing agreements.

This register: .xlsx .csv

source:
  type: regulation
  id: hpa-12usc-4908
  authority: 12 U.S.C. §4908 — Effect on other laws
  description: |
    HPA preemption section. General federal preemption of State
    PMI requirements, cancellation/automatic termination, and
    disclosure law; preservation of more-borrower-favorable
    "protected State laws" (enacted within 2 years of July 29, 1998,
    by States with pre-existing PMI law as of January 2, 1998);
    supersession of conflicting Fannie Mae, Freddie Mac, and
    private-investor servicing agreements.
  effective_date: '1998-07-29'
  date_basis: 'statutory credit line: enactment date of the latest amendment listed (OLRC U.S. Code snapshot 3f7c48c63ab6ef4d); an amendment''s own effective-date provision may set a different date'
obligations:
  - id: hpa-12usc-4908-a
    canonical_id: hpa-12usc-4908-a
    section: 12 U.S.C. §4908(a)
    description: '(a): (a) Effect on State law (1) In general With respect to any residential mortgage or residential mortgage transaction consummated after the effective date of this chapter, and except as provided in paragraph (2), the provisions of this chapter shall supersede any provisions of the law of any State rel…'
    type: dont
    audit_question: ''
    program_review: ''
    file_review: ''
    judgment: false
    feeds: []
    workflow_phase: ''
    owner_role: ''
    secondary_owner_role: ''
    cadence: ''
    consequence: ''
    tags:
      - regulator-direct
      - section-complete
      - usc-statute
    primary_source:
      tier: 1
      authority: 12 U.S.C. §4908(a)
      source_class: hpa-statute
      source_url: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4908&num=0&edition=prelim
      snapshot_id: 3f7c48c63ab6ef4d
      fetched_at: '2026-09-26T22:30:31Z'
      content_hash: sha256:ae9e7c791c083298ede142575f9087bb618b03c3c251bcadc9ed6c41ee95695b
      paragraph_quote: (a) Effect on State law (1) In general With respect to any residential mortgage or residential mortgage transaction consummated after the effective date of this chapter, and except as provided in paragraph (2), the provisions of this chapter shall supersede any provisions of the law of any State relating to requirements for obtaining or maintaining private mortgage insurance in connection with residential mortgage transactions, cancellation or automatic termination of such private mortgage insurance, any disclosure of information addressed by this chapter, and any other matter specifically addressed by this chapter. (2) Protection of existing State laws (A) In general The provisions of this chapter do not supersede protected State laws, except to the extent that the protected State laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. (B) InconsistenciesA protected State law shall not be considered to be inconsistent with a provision of this chapter if the protected State law— (i) requires termination of private mortgage insurance or other mortgage guaranty insurance— (I) at a date earlier than as provided in this chapter; or (II) when a mortgage principal balance is achieved that is higher than as provided in this chapter; or (ii) requires disclosure of information— (I) that provides more information than the information required by this chapter; or (II) more often or at a date earlier than is required by this chapter. (C) Protected State lawsFor purposes of this paragraph, the term “protected State law” means a State law— (i) regarding any requirements relating to private mortgage insurance in connection with residential mortgage transactions; (ii) that was enacted not later than 2 years after July 29, 1998; and (iii) that is the law of a State that had in effect, on or before January 2, 1998, any State law described in clause (i).
      drafter_attestation: 'Verbatim 12 U.S.C. §4908(a) from the Office of the Law Revision Counsel''s USLM XML (USLM release point 119-111), snapshot 3f7c48c63ab6ef4d; each level''s line joined with single spaces; substring-verified. Re-segmented 2026-09-26 on the USLM hierarchy (scripts/resegment-usc.py): the prior capture held the same words but cut the section at every (i)/(v)/(x).'
      publisher: uscode.house.gov
      verified_against: uscode.house.gov
      verified_on: '2026-09-26'
    former_ids:
      - hpa-12usc-4908-i
      - hpa-12usc-4908-i-2
  - id: hpa-12usc-4908-b
    canonical_id: hpa-12usc-4908-b
    section: 12 U.S.C. §4908(b)
    description: '(b): (b) Effect on other agreements The provisions of this chapter shall supersede any conflicting provision contained in any agreement relating to the servicing of a residential mortgage loan entered into by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or any pr…'
    type: do
    audit_question: ''
    program_review: ''
    file_review: ''
    judgment: false
    feeds: []
    workflow_phase: ''
    owner_role: ''
    secondary_owner_role: ''
    cadence: ''
    consequence: ''
    tags:
      - regulator-direct
      - section-complete
      - usc-statute
    primary_source:
      tier: 1
      authority: 12 U.S.C. §4908(b)
      source_class: hpa-statute
      source_url: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4908&num=0&edition=prelim
      snapshot_id: 3f7c48c63ab6ef4d
      fetched_at: '2026-09-26T22:30:31Z'
      content_hash: sha256:ae9e7c791c083298ede142575f9087bb618b03c3c251bcadc9ed6c41ee95695b
      paragraph_quote: (b) Effect on other agreements The provisions of this chapter shall supersede any conflicting provision contained in any agreement relating to the servicing of a residential mortgage loan entered into by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or any private investor or note holder (or any successors thereto).
      drafter_attestation: 'Verbatim 12 U.S.C. §4908(b) from the Office of the Law Revision Counsel''s USLM XML (USLM release point 119-111), snapshot 3f7c48c63ab6ef4d; each level''s line joined with single spaces; substring-verified. Re-segmented 2026-09-26 on the USLM hierarchy (scripts/resegment-usc.py): the prior capture held the same words but cut the section at every (i)/(v)/(x).'
      publisher: uscode.house.gov
      verified_against: uscode.house.gov
      verified_on: '2026-09-26'
      corroborated_by: govinfo.gov
      corroborated_on: '2026-09-13'
  - id: hpa-12usc-4908-notes
    canonical_id: hpa-12usc-4908-notes
    section: 12 U.S.C. §4908 note — source credit and editorial notes (not statute text)
    description: 'Editorial matter printed after the statute text: the source credit (enacting and amending public laws) and any footnotes or notes (e.g. Historical and Revision Notes, committee reports, References in Text). Not part of the operative statute.'
    type: note
    audit_question: ''
    program_review: ''
    file_review: ''
    judgment: false
    feeds: []
    workflow_phase: ''
    owner_role: ''
    secondary_owner_role: ''
    cadence: ''
    consequence: ''
    tags:
      - statute-notes
      - not-statute-text
    primary_source:
      tier: 1
      authority: 12 U.S.C. §4908 note — source credit and editorial notes (not statute text)
      source_class: hpa-statute
      source_url: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4908&num=0&edition=prelim
      snapshot_id: 3f7c48c63ab6ef4d
      fetched_at: '2026-09-26T22:30:31Z'
      content_hash: sha256:ae9e7c791c083298ede142575f9087bb618b03c3c251bcadc9ed6c41ee95695b
      paragraph_quote: (Pub. L. 105–216, § 9, July 29, 1998, 112 Stat. 906.)
      drafter_attestation: 'Verbatim 12 U.S.C. §4908 text from the Office of the Law Revision Counsel''s USLM XML (USLM release point 119-111), snapshot 3f7c48c63ab6ef4d; substring-verified. Re-sourced 2026-09-26 (scripts/resource-usc-olrc.py) from Cornell LII snapshot 506303758e9dbb54: the same words, without Cornell''s rendering artifacts (a space before punctuation after every cross-reference link).'
      publisher: uscode.house.gov
      verified_against: uscode.house.gov
      verified_on: '2026-09-26'
      corroborated_by: govinfo.gov
      corroborated_on: '2026-09-13'
    split_from: hpa-12usc-4908-b

Verbatim regulatory text (3)

Verbatim provisions from 12 U.S.C. §4908 — Effect on other laws — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

12 U.S.C. §4908(a)

(a) Effect on State law (1) In general With respect to any residential mortgage or residential mortgage transaction consummated after the effective date of this chapter, and except as provided in paragraph (2), the provisions of this chapter shall supersede any provisions of the law of any State relating to requirements for obtaining or maintaining private mortgage insurance in connection with residential mortgage transactions, cancellation or automatic termination of such private mortgage insurance, any disclosure of information addressed by this chapter, and any other matter specifically addressed by this chapter. (2) Protection of existing State laws (A) In general The provisions of this chapter do not supersede protected State laws, except to the extent that the protected State laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. (B) InconsistenciesA protected State law shall not be considered to be inconsistent with a provision of this chapter if the protected State law— (i) requires termination of private mortgage insurance or other mortgage guaranty insurance— (I) at a date earlier than as provided in this chapter; or (II) when a mortgage principal balance is achieved that is higher than as provided in this chapter; or (ii) requires disclosure of information— (I) that provides more information than the information required by this chapter; or (II) more often or at a date earlier than is required by this chapter. (C) Protected State lawsFor purposes of this paragraph, the term “protected State law” means a State law— (i) regarding any requirements relating to private mortgage insurance in connection with residential mortgage transactions; (ii) that was enacted not later than 2 years after July 29, 1998; and (iii) that is the law of a State that had in effect, on or before January 2, 1998, any State law described in clause (i).

Source: 12 U.S.C. §4908(a) · source URL · snapshot 3f7c48c63ab6ef4d

12 U.S.C. §4908(b)

(b) Effect on other agreements The provisions of this chapter shall supersede any conflicting provision contained in any agreement relating to the servicing of a residential mortgage loan entered into by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or any private investor or note holder (or any successors thereto).

Source: 12 U.S.C. §4908(b) · source URL · snapshot 3f7c48c63ab6ef4d

12 U.S.C. §4908 note — source credit and editorial notes (not statute text)

(Pub. L. 105–216, § 9, July 29, 1998, 112 Stat. 906.)

Source: 12 U.S.C. §4908 note — source credit and editorial notes (not statute text) · source URL · snapshot 3f7c48c63ab6ef4d

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Source of record: https://claudeforcompliance.com/regs/hpa-12usc-4908/ · register hpa-12usc-4908 · verbatim, source-snapshotted regulator text from the Claude for Compliance corpus. To work from every register at once, download the corpus and follow the methodology.