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Title 12 — Banks and Banking

Chapter 29 — Home Mortgage Disclosure

§ 2802. Definitions

Statutory text

For purposes of this chapter—

(1)

the term “Bureau” means the Bureau of Consumer Financial Protection;

(2)

the term “mortgage loan” means a loan which is secured by residential real property or a home improvement loan;

(3)

the term “depository institution”—

(A)

means—

(i)

any bank (as defined in section 1813(a)(1) of this title);

(ii)

any savings association (as defined in section 1813(b)(1) of this title); and

(iii)

any credit union,

which makes federally related mortgage loans as determined by the Board; and

(B)

includes any other lending institution (as defined in paragraph (4) 1) other than any institution described in subparagraph (A);

(4)

the term “completed application” means an application in which the creditor has received the information that is regularly obtained in evaluating applications for the amount and type of credit requested;

(5)

the term “other lending institutions” means any person engaged for profit in the business of mortgage lending;

(6)

the term “Board” means the Board of Governors of the Federal Reserve System; and

(7)

the term “Secretary” means the Secretary of Housing and Urban Development.

Footnotes

  1. 1 So in original. Probably should be “paragraph (5)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 94–200 title III § 303 · 89 Stat. 1124

    Enacted · 12 U.S.C. § 2802

    Pub. L. 94–200, title III, § 303, Dec. 31, 1975, 89 Stat. 1125

    Source evidence

    Code source credit
    Pub. L. 94–200, title III, § 303, Dec. 31, 1975, 89 Stat. 1125

    Enacted provision · exact public law section
    Sec. 303. definitions For purposes of this title— 12 USC 2802. (1) the term “mortgage loan” means a loan which is secured by residential real property or a home improvement loan; (2) the term “depository institution” means any commercial bank, savings bank, savings and loan association, building and loan association, or homestead association (including cooperative banks) or credit union which makes federally related mortgage loans as determined by the Board; (3) the term “Board” means the Board of Governors of the Federal Reserve System; and (4) the term “Secretary” means the Secretary of Housing and Urban Development.

  2. Housing and Community Development Act of 1987

    Pub. L. 100–242 title V § 565(a)(1) · 101 Stat. 1815

    Struck and inserted · 12 U.S.C. § 2802(2)

    Pub. L. 100–242 struck out “or” before “homestead association” and inserted before semicolon at end “, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 100–242 struck out “or” before “homestead association” and inserted before semicolon at end “, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans”.

    Enacted provision · exact public law section
    (1) Section 303(2) of the Home Mortgage Disclosure Act of 1975 is amended— (A) by striking “or” the first place it appears; and (B) by inserting before the semicolon at the end the following: “, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans”.

  3. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 § 1211(d) · 103 Stat. 183

    Amended · 12 U.S.C. § 2802(2)

    Pub. L. 101–73, § 1211(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘depository institution’ means any commercial bank, savings bank, savings and loan association, building and loan association, homestead association (including cooperative banks) or credit union which makes federally related mortgage loans as determined by the Board, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans;”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 101–73, § 1211(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘depository institution’ means any commercial bank, savings bank, savings and loan association, building and loan association, homestead association (including cooperative banks) or credit union which makes federally related mortgage loans as determined by the Board, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans;”.

    Enacted provision · exact public law section
    (d) Applicability of Reporting Requirements to All Mortgage Lenders.— Section 303(2) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2802(2)) is amended to read as follows; “(2) the term ‘depository institution’— “(A) means— “(i) any bank (as defined in section 3(a)(1) of the Federal Deposit Insurance Act); “(ii) any savings association (as defined in section 3(b)(1) of the Federal Deposit Insurance Act); and “(iii) any credit union, which makes federally related mortgage loans as deter-mined by the Board; and “(B) includes any other lending institution (as defined in paragraph (4)) other than any institution described in subparagraph (A);”.

  4. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 § 1211(e) · 103 Stat. 183

    1. Added · 12 U.S.C. § 2802(3)(6)

      Pub. L. 101–73, § 1211(e), added pars. (3) and (4)

    2. Redesignated · 12 U.S.C. § 2802(3)(6)

      Pub. L. 101–73, § 1211(e), redesignated former pars. (3) and (4) as (5) and (6), respectively

    Source evidence

    Code amendment note
    Pars. (3) to (6). Pub. L. 101–73, § 1211(e), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively.

    Enacted provision · exact public law section
    (e) Completed Application Defined.— Section 303 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2802) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (2) the following new paragraphs: “(3) the term ‘completed application’ means an application in which the creditor has received the information that is regularly obtained in evaluating applications for the amount and type of credit requested; “(4) the term ‘other lending institutions’ means any person engaged for profit in the business of mortgage lending;”.

  5. Consumer Financial Protection Act of 2010

    Pub. L. 111–203 title X § 1094(2) · 124 Stat. 1376

    1. Added · 12 U.S.C. § 2802

      Pub. L. 111–203 added par. (1)

    2. Redesignated · 12 U.S.C. § 2802

      Pub. L. 111–203 redesignated former pars. (1) to (6) as (2) to (7), respectively

    Source evidence

    Code amendment note
    Pub. L. 111–203 added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.

    Enacted provision · exact public law section
    (2) in section 303 (12 U.S.C. 2802)— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2) the following: “(1) the Definition. term ‘Bureau’ means the Bureau of Consumer Financial Protection;” ;

    Effective date note
    Amendment 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.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1988–2010 · 3 rounds

2010

Pub. L. 111–203 added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.

1989

Par. (2). Pub. L. 101–73, § 1211(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘depository institution’ means any commercial bank, savings bank, savings and loan association, building and loan association, homestead association (including cooperative banks) or credit union which makes federally related mortgage loans as determined by the Board, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans;”.

Pars. (3) to (6). Pub. L. 101–73, § 1211(e), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively.

1988

Par. (2). Pub. L. 100–242 struck out “or” before “homestead association” and inserted before semicolon at end “, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment 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 1989 Amendment

Pub. L. 101–73, title XII, § 1211(k), , 103 Stat. 526, provided that: “The amendments made by this section [amending this section and sections 2803, 2804, 2807, and 2810 of this title] shall apply to each calendar year beginning after .”

Effective Date of 1988 Amendment

Pub. L. 100–242, title V, § 565(a)(4), , 101 Stat. 1945, as amended by Pub. L. 100–628, title X, § 1087(a), , 102 Stat. 3280, provided that: “The amendments made by this subsection [amending sections 2802, 2803, and 2810 of this title] shall be applicable to the portion of calendar year 1988 that begins , and to each calendar year beginning after .”

Credits

1975–2010 · 4 acts
  1. 1975Pub. L. 94–200, title III, § 303, , 89 Stat. 1125
  2. 1988Pub. L. 100–242, title V, § 565(a)(1), , 101 Stat. 1945
  3. 1989Pub. L. 101–73, title XII, § 1211(d), (e), , 103 Stat. 525
  4. 2010Pub. L. 111–203, title X, § 1094(2), , 124 Stat. 2097.
Show as published

(Pub. L. 94–200, title III, § 303, , 89 Stat. 1125; Pub. L. 100–242, title V, § 565(a)(1), , 101 Stat. 1945; Pub. L. 101–73, title XII, § 1211(d), (e), , 103 Stat. 525; Pub. L. 111–203, title X, § 1094(2), , 124 Stat. 2097.)

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