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

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LegalText 12 U.S.C. § 3801 Findings and purpose us united_states_code code_section 12 BANKS AND BANKING 39 ALTERNATIVE MORTGAGE TRANSACTIONS 3801 12 U.S.C. § 3801 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/s3801 data/legal/raw/us/code/title-12/usc12.xml 8c4898efb7665c43c4110106c1aa1d33eb8f61082296bdbb632543c5bc06e06a e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa f0cdc3ac4839e22cc585be6cc8c1ef95aafa2ff5839ff10c02b68f887c8aceaa 2026-07-04 official
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12 U.S.C. § 3801 - Findings and purpose

Text

(a) The Congress hereby finds that—

(1) increasingly volatile and dynamic changes in interest rates have seriously impared 11 So in original. Probably should be “impaired”. the ability of housing creditors to provide consumers with fixed-term, fixed-rate credit secured by interests in real property, cooperative housing, manufactured homes, and other dwellings;

(2) alternative mortgage transactions are essential to the provision of an adequate supply of credit secured by residential property necessary to meet the demand expected during the 1980s; and

(3) the Comptroller of the Currency, the National Credit Union Administration, and the Director of the Office of Thrift Supervision have recognized the importance of alternative mortgage transactions and have adopted regulations authorizing federally chartered depository institutions to engage in alternative mortgage financing.

(b) It is the purpose of this chapter to eliminate the discriminatory impact that those regulations have upon nonfederally chartered housing creditors and provide them with parity with federally chartered institutions by authorizing all housing creditors to make, purchase, and enforce alternative mortgage transactions so long as the transactions are in conformity with the regulations issued by the Federal agencies.

(Pub. L. 97320, title VIII, § 802, Oct. 15, 1982, 96 Stat. 1545; Pub. L. 10173, title VII, § 744(c), Aug. 9, 1989, 103 Stat. 438.)

Notes

Editorial Notes

Amendments1989—Subsec. (a)(3). Pub. L. 10173 substituted “Director of the Office of Thrift Supervision” for “Federal Home Loan Bank Board”.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 97320, title VIII, § 807(a), Oct. 15, 1982, 96 Stat. 1548, provided that: “This title [enacting this chapter] shall be effective upon enactment [Oct. 15, 1982].”

Short TitlePub. L. 97320, title VIII, § 801, Oct. 15, 1982, 96 Stat. 1545, provided that: “This title [enacting this chapter] may be cited as the Alternative Mortgage Transaction Parity Act of 1982.”

Identification, Description and Publication of Regulations Inapplicable To, or Conformation of Regulations for Use Of Nonfederally Chartered Housing CreditorsPub. L. 97320, title VIII, § 807(b), Oct. 15, 1982, 96 Stat. 1548, provided that: “Within sixty days of the enactment of this title [Oct. 15, 1982], the Comptroller of the Currency, the National Credit Union Administration, and the Federal Home Loan Bank Board shall identify, describe, and publish those portions or provisions of their respective regulations that are inappropriate for (and thus inapplicable to), or that need to be conformed for the use of, the nonfederally chartered housing creditors to which their respective regulations apply, including without limitation, making necessary changes in terminology to conform the regulatory and disclosure provisions to those more typically associated with various types of transactions including credit sales.”