U.S. Code » Title 12 » Chapter CHAPTER 27— REAL ESTATE SETTLEMENT PROCEDURES

12 U.S.C. § 2606

Exempted transactions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 12 CasesGoogle Scholar
(a) In generalThis chapter does not apply to credit transactions involving extensions of credit—(1) primarily for business, commercial, or agricultural purposes; or(2) to government or governmental agencies or instrumentalities.(b) Interpretation

In prescribing regulations under section 2617(a) of this title, the Bureau shall ensure that, with respect to subsection (a) of this section, the exemption for credit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, as provided in subsection (a)(1) 11 See References in Text note below. of this section shall be the same as the exemption for such credit transactions under section 1603(1) of title 15.

(Pub. L. 93–533, § 7, as added Pub. L. 103–325, title III, § 312, Sept. 23, 1994, 108 Stat. 2221; amended Pub. L. 104–208, div. A, title II, § 2103(b), Sept. 30, 1996, 110 Stat. 3009–399; Pub. L. 111–203, title X, § 1098(5), July 21, 2010, 124 Stat. 2104.)Editorial NotesReferences in Text

Subsection (a)(1) of this section, referred to in subsec. (b), was in the original “section 7(1) of the Real Estate Settlement Procedures Act of 1974”, and was translated as referring to section 7(a)(1) of that Act to reflect the probable intent of Congress.

Prior Provisions

A prior section 2606, Pub. L. 93–533, § 7, Dec. 22, 1974, 88 Stat. 1727, related to seller or his agent confirming that information concerning an existing residence was disclosed to buyer in writing before a commitment for a mortgage loan was made, prior to repeal by Pub. L. 94–205, § 6, Jan. 2, 1976, 89 Stat. 1158.

Amendments

2010–Subsec. (b). Pub. L. 111–203 substituted “Bureau” for “Secretary”.

1996—Pub. L. 104–208 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 47 cases (14 in the last 5 years), 1977–2025 · leading case: Johnson v. Wells Fargo Home Mortg., Inc., 635 F.3d 401 (9th Cir. 2011).
Sort: Relevance Newest Treatment
Johnson v. Wells Fargo Home Mortg., Inc., 635 F.3d 401 (9th Cir. 2011). · cites it 3× “” 12 U.S.C. § 2606 (a). To determine what it means for a loan to be “primarily for a business .”
Maxine Gilliam v. Joel Levine, 955 F.3d 1117 (9th Cir. 2020). · cites it 3× “§ 1635 (i)(4); 12 U.S.C. § 2606 (a); Cal. Civ. Code § 1788.”
Sutton v. CitiMortgage, Inc., 228 F. Supp. 3d 254 (S.D.N.Y. 2017). “§ 2606 (k)(l)(C): Section 6(e) of RESPA requires servi-cers to respond to “qualified written requests” asserting errors or requesting information relating to the servicing of a federally-related mortgage loan. Section 1463(a) of the Dodd-Frank Act amended RESPA to add section…”
Friedman v. Maspeth Fed. Loan & Sav. Ass'n, 30 F. Supp. 3d 183 (E.D.N.Y 2014). · cites it 2× “See 12 U.S.C. § 2606 (a)(1); 12 C.F.R. § 1204.”
Dahl v. Ameriquest Mortg. Co., 954 A.2d 588 (Pa. Super. Ct. 2008). · cites it 2× “12 U.S.C. § 2606 (9(3). ¶ 13 In this case, Appellants failed to establish that either Appellee was a “servi-cer” under RESPA and, therefore, liable under section 2605(g).”
Ploog v. HomeSide Lending, Inc., 209 F. Supp. 2d 863 (N.D. Ill. 2002). “In Count I, she asserts a class claim and an individual claim against HomeSide for violations of the Cranston-Gonzales Amendments to the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2606 . On September 28, 2001, this Court denied Ploog’s motion to certify the…”
Henok v. Chase Home Fin., LLC, 947 F. Supp. 2d 6 (D.D.C. 2013). · cites it 2× “]” 12 U.S.C. § 2606 (a). In interpreting this provision, courts have found that RESPA does not apply to loans for non-owner occupied rental properties.”
Edwards v. Ocwen Loan Servicing, LLC, 24 F. Supp. 3d 21 (D.D.C. 2014). “primarily for business, commercial, or agricultural purposes,” 12 U.S.C. § 2606 (a), including mortgage loans on non-owner-occupied rental properties, see, e.”
Flagg v. Yonkers Sav. & Loan Ass'n, FA, 396 F.3d 178 (2d Cir. 2005). “RESPA applies to all mortgage loans that are “federally related.” 12 U.”
Girgis v. Countrywide Home Loans, Inc., 733 F. Supp. 2d 835 (N.D. Ohio 2010). “, and the Real Estate Settlement Procedures Act of 1974 (“RES-PA”), 12 U.S.C. §§ 2606 and 2614. The Plaintiffs also bring claims under Ohio law for violations of the Ohio Mortgage Brokers Act, Ohio Rev.”
Lingo v. City of Albany Dep't of Cmty. & Econ. Dev., 195 F. App'x 891 (11th Cir. 2006). “” 12 U.S.C. § 2606 (a). The loan in *894 question was a business loan that was secured by a mortgage on Lingo’s business.”
Floyd v. Pnc Mortg., 216 F. Supp. 3d 63 (D.D.C. 2016). “See 12 U.S.C. § 2606 (a)(1) (RESPA) (exempting “credit transactions involving extensions of credit .”
Show all 47 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.