12 C.F.R. § 34.23
Prepayment fees
A national bank offering or purchasing ARM loans may impose fees for prepayments notwithstanding any State law limitations to the contrary. For purposes of this section, prepayments do not include:
(a) Payments that exceed the required payment amount to avoid or reduce negative amortization; or
(b) Principal payments, in excess of those necessary to retire the outstanding debt over the remaining loan term at the then-current interest rate, that are made in accordance with rules governing the determination of monthly payments contained in the loan documents.
Notes of Decisions
Cited in 2
cases, 2005–2011 · leading case: Nat'l City Bank of Indiana v. Turnbaugh, 367 F. Supp. 2d 805 (D. Maryland 2005).
Nat'l City Bank of Indiana v. Turnbaugh, 367 F. Supp. 2d 805 (D. Maryland 2005). “” 12 C.F.R. § 34.23 . 9 These regulations have been supported by additional agency interpretations provided by the OCC in letters and their amicus curiae brief in this case.”
Smith v. BAC Home Loans Servicing, LP, 769 F. Supp. 2d 1033 (S.D.W. Va 2011). “See 12 C.F.R. § 34.23 (a) (1984). 13 . BAC relies on a Central District of California case to buttress its express preemption argument, see Davis v.”
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