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2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 17091a State constitutional and legal limits upon interest chargeable on loans, mortgages, or other interim financing arrangements; applicability; covered arrangements us united_states_code code_section 12 BANKS AND BANKING 13 NATIONAL HOUSING 17091a 12 U.S.C. § 17091a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s17091a data/legal/raw/us/code/title-12/usc12.xml 6b0c9116159e9d489f9688fa9b022f6d950f0272bd3a9629b0dd23d7868495f7 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa b20ee1df284237f2694a9f6c18ca8a0e61301a7e32902907245a253f6310e4be 2026-07-04 official
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12 U.S.C. § 17091a - State constitutional and legal limits upon interest chargeable on loans, mortgages, or other interim financing arrangements; applicability; covered arrangements

Text

(a) The provisions of the constitution of any State expressly limiting the amount of interest which may be charged, taken, received, or reserved by certain classes of lenders and the provisions of any law of that State expressly limiting the amount of interest which may be charged, taken, received, or reserved shall not apply to—

(1) any loan or mortgage which is secured by a one- to four-family dwelling and which is (A) insured under title I or II [12 U.S.C. 1702 et seq. or 1707 et seq.] of the National Housing Act, or (B) insured, guaranteed, or made under chapter 37 of title 38; or

(2) any temporary construction loan or other interim financing if at the time such loan is made or financing is arranged, the intention to obtain permanent financing substantially by means of loans or mortgages so insured, guaranteed, or made is declared.

(b) The provisions of this section shall apply to such loans, mortgages, or other interim financing made or executed in any State until the effective date (after June 30, 1976) of a provision of law of that State limiting the amount of interest which may be charged, taken, received, or reserved on such loans, mortgages, or financing.

(Pub. L. 94324, § 8, June 30, 1976, 90 Stat. 722.)

Notes

Editorial Notes

References in TextThe National Housing Act, referred to in subsec. (a)(1), is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the National Housing Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of this chapter. For complete classification of this Act to the Code, see section 1701 of this title and Tables.

Codification Section was enacted as part of the Veterans Housing Amendments Act of 1976, and not as part of the National Housing Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective DateSection effective June 30, 1976, see section 9(a) of Pub. L. 94324, set out as a note under section 3701 of Title 38, Veterans Benefits.