12 U.S.C. § 1461
Short title
This chapter may be cited as the “Home Owners’ Loan Act.”
Notes of Decisions
Cited in 349
cases (6 in the last 5 years), 1933–2025 · leading case: Fidelity Federal Savings & Loan Ass'n v. De La Cuesta
Fidelity Federal Savings & Loan Ass'n v. De La Cuesta (1982)
“128 , as amended, 12 U. S. C. § 1461 et seq. (1976 ed. and Supp.”
McKell v. Washington Mut., Inc. (2006)
“It now claims that plaintiffs' causes of action are preempted by the Home Owners' Loan Act (HOLA, 12 U.S.C. § 1461 et seq.). Congress enacted HOLA in 1933 to regulate the lending practices of federal savings and loan associations.”
Mabry v. Superior Court (2010)
“Wallin, who would later join this court) held that regulations issued by the Federal Home Loan Bank Board, by the authority of the Home Owners’ Loan Act of 1933 14 ( 12 U.S.C. § 1461 et seq.) preempted state law that invalidated the due-on-sale clause.”
Coit Independence Joint Venture v. Federal Savings & Loan Insurance (1989)
“128 , as amended, 12 U. S. C. § 1461 et seq. The HOLA also gave the Bank Board the power to prescribe rules and regulations for the "reorganization, consolidation, merger, or liquidation of such associations, including the power to appoint a conservator or a receiver to take…”
McKell v. Washington Mutual, Inc. (2006)
“It now claims that plaintiffs’ causes of action are preempted by the Home Owners’ Loan Act (HOLA, 12 U.S.C. § 1461 et seq.). Congress enacted HOLA in 1933 to regulate the lending practices of federal savings and loan associations.”
Ambac Assurance Corporation v. Countrywide Home Loans, Inc. (2016)
“3 Countrywide Financial’s subsidiary bank was regulated by the Office of Thrift Supervision (see 12 USC § 1461 et seq. [Home Owners’ Loan Act]).”
People v. First American Corp. (2011)
“Defendants contended that the Home Owners' Loan Act (HOLA) ( 12 USC § 1461 et seq. ) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) (Pub L 101-73, 103 US Stat 183) and their concomitant regulations preempt the Attorney General from raising these…”
McCurry v. Chevy Chase Bank, FSB (2010)
“So it cannot provide a remedy to persons injured by wrongful acts of savings and loan associations, and furthermore HOLA [Home Owners' Loan Act, 12 U.S.C. § 1461 ] creates no private right to sue to enforce the provisions of the statute or the OTS's regulations.”
California Federal Savings & Loan Ass'n v. City of Los Angeles (1991)
“In the idiom of banking law, petitioner is a “HOLA” institution, meaning it holds a charter granted by the Federal Home Loan Bank Board under the federal Home Owners’ Loan Act of 1933 ( 12 U.S.C. § 1461 et seq.). Although headquartered in Los Angeles, petitioner maintains 135…”
McCurry v. Chevy Chase Bank, FSB (2010)
“So it cannot provide a remedy to persons injured by wrongful acts of savings and loan associations, and furthermore HOLA [Home Owners’ Loan Act, 12 U.S.C. § 1461 ,] creates no private right to sue to enforce the provisions of the statute or the OTS’s regulations.”
Susan McShannock v. Jp Morgan Chase Bank (2020)
“We hold that California’s law requiring the payment of interest on escrow accounts is preempted by the Home Owners’ Loan Act of 1933 (“HOLA”), 12 U.S.C. § 1461 et seq., and its implementing regulations, even where the mortgage is assigned from a savings association to a national…”
Graves v. New York Ex Rel. O'Keefe (1939)
“128 , 12 U.S.C. § 1461 et seq., which was enacted to provide emergency relief to home owners, particularly to assist them with respect to home mortgage indebtedness.”
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