38 U.S.C. § 3728

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 3728 - Exemption from State anti-usury provisions

If, under any law of the United States, loans and mortgages insured under title I or title II of the National Housing Act are exempt from the application of the provisions of any State constitution or law (1) limiting the rate or amount of interest, discount points, or other charges which may be charged, taken, received, or reserved by lenders, (2) restricting the manner of calculating such interest (including prohibition of the charging of interest on interest), or (3) requiring a minimum amortization of principal, then loans guaranteed or insured under this chapter are also exempt from the application of such provisions.

38 U.S.C. § 3728

Added Pub. L. 96-128, title IV, §401(a), Nov. 28, 1979, 93 Stat. 986, §1828; amended Pub. L. 97-66, title V, §501(b), Oct. 17, 1981, 95 Stat. 1032; renumbered § 3728,Pub. L. 102-83, §5(a)3728,, 105 Stat. 406.

EDITORIAL NOTES

REFERENCES IN TEXTThe National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the Act are classified generally to subchapters I (§1702 et seq.) and II (§1707 et seq.), respectively, of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

AMENDMENTS1991- Pub. L. 102-83 renumbered section 1828 of this title as this section. 1981- Pub. L. 97-66 designated as cl. (1) existing provisions relating to the limiting of rates or amounts of interest, discount points, or other charges which may be charged, taken, received, or reserved by lenders, and added cls. (2) and (3).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97-66 set out as a note under section 1114 of this title.

EFFECTIVE DATESection effective Nov. 28, 1979, see section 601(b) of Pub. L. 96-128 set out as an Effective Date of 1979 Amendment note under section 1114 of this title.