§ 3801. Findings and purpose

Statutory text

The Congress hereby finds that—

increasingly volatile and dynamic changes in interest rates have seriously impared 1 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;

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 1980’s; and

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.

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.

Footnotes

1 So in original. Probably should be “impaired”.

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.

1982
Alternative Mortgage Transaction Parity Act of 1982
Pub. L. 97–320 title VIII § 802 · 96 Stat. 1469
Enacted · 12 U.S.C. § 3801
Pub. L. 97–320, title VIII, § 802, Oct. 15, 1982, 96 Stat. 1545
Source evidence
Code source credit
Pub. L. 97–320, title VIII, § 802, Oct. 15, 1982, 96 Stat. 1545
Enacted provision · exact public law section
Sec. 802. findings and purpose (a) The Congress hereby finds that— 12 USC 3801. (1) increasingly volatile and dynamic changes in interest rates have seriously impared 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 1980’s; and (3) the Comptroller of the Currency, the National Credit Union Administration, and the Federal Home Loan Bank Board 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 title 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.
1989
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
Pub. L. 101–73 title VII § 744(c) · 103 Stat. 183
Substituted · 12 U.S.C. § 3801(a)(3)
Pub. L. 101–73 substituted “Director of the Office of Thrift Supervision” for “Federal Home Loan Bank Board”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 101–73 substituted “Director of the Office of Thrift Supervision” for “Federal Home Loan Bank Board”.
Enacted provision · exact public law section
(c) Alternative Mortgage Transactions Parity Act.— The Alternative Mortgage Transactions Parity Act of 1982 (12 U.S.C. 3801–06) is amended by striking out “Federal Home Loan Bank Board” each place such term appears and inserting in lieu thereof “Director of the Office of Thrift Supervision”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1989—Subsec. (a)(3). Pub. L. 101–73 substituted “Director of the Office of Thrift Supervision” for “Federal Home Loan Bank Board”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 97–320, 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 Title

Pub. L. 97–320, 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 Creditors

Pub. L. 97–320, 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.”

Credits

1982–1989 · 2 acts

1982Pub. L. 97–320, title VIII, § 802, Oct. 15, 1982, 96 Stat. 1545
1989Pub. L. 101–73, title VII, § 744(c), Aug. 9, 1989, 103 Stat. 438.

Show as published

(Pub. L. 97–320, title VIII, § 802, Oct. 15, 1982, 96 Stat. 1545; Pub. L. 101–73, title VII, § 744(c), Aug. 9, 1989, 103 Stat. 438.)