ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

OCC proposes to cite federal preemption of state interest-on-escrow laws

December 23, 2025
Reading Time: 2 mins read
OCC proposes to cite federal preemption of state interest-on-escrow laws

The Office of the Comptroller of the Currency is proposing two rules to clarify that national banks are exempt from state laws regulating real estate escrow accounts.

New York, California and at least 10 other states have enacted interest-on-escrow laws in recent years. Currently, California’s law is facing a legal challenge by Flagstar Bank, with a federal appeals court ruling earlier this year that the National Bank Act does not preempt the state law. The American Bankers Association filed a coalition amicus brief in the case urging the court to reconsider the decision.

According to an OCC statement, the first proposed rule would codify longstanding powers of national banks and federal savings associations to establish or maintain real estate lending escrow accounts and to exercise flexibility in making business judgment as to the terms and conditions of such accounts, including whether to offer any compensation paid to customers or to assess any related fees.

The second proposed rule would state that federal law preempts state laws that eliminate national banks’ and federal savings associations’ flexibility to decide whether and to what extent to pay interest or other compensation on funds placed in real estate escrow accounts, or assess fees in connection with such accounts.

Comments on the proposals are due 30 days following publication in the Federal Register.

In a statement on X, ABA welcomed the proposals.

“Consistent and sound application of federal preemption principles is essential to maintaining a unified national banking system and reducing regulatory fragmentation,” ABA said. “We look forward to reviewing the proposals and offering our comments.”

ShareTweetPin

Related Posts

Podcast: A Lone Star banking perspective

Podcast: A Lone Star banking perspective

ABA Banking Journal Podcast
January 15, 2026

If Texas were an independent country, its economy would rank as the world's eighth-largest. "France is seventh, and I don't think it'll take as much time at all to catch them," laughs TBA Chairman Ron Butler.

Mortgage rates fall

Mortgage rates fall

Economy
January 15, 2026

The rate for a 30-year fixed-rate mortgage was 6.06% this week. The rate for a 15-year fixed-rate mortgage was 5.38%.

Nichols: Credit card rate cap would harm those it is meant to help

Nichols: Credit card rate cap would harm those it is meant to help

Newsbytes
January 15, 2026

While the Trump administration’s concern about affordability is commendable, a proposed 10% cap on credit card interest rates would hurt the very people the president is seeking to help, American Bankers Association President and CEO Rob Nichols told...

CFPB issues decision on TILA preemption of state laws

Study: FHLBank advances boost community lending

Ag Banking
January 15, 2026

Federal Home Loan Bank advances are “strongly associated” with higher lending across banks and credit unions, particularly following the 2008 financial crisis, according to new research by the Urban Institute.

ABA unveils key policy priorities for 2025

Senate Banking Committee postpones vote on crypto market structure bill

Newsbytes
January 14, 2026

Senate Banking Committee Chairman Tim Scott (R-S.C.) delayed a scheduled committee vote on cryptocurrency market structure legislation. Banking advocates have sent more than 10,000 letters to Senate offices in recent days calling on Congress to use the bill...

FHFA to create affordable housing advisory committee

HUD proposes to remove disparate impact from Fair Housing Act rule

Compliance and Risk
January 14, 2026

The Department of Housing and Urban Development is proposing to rescind three rules allowing the use of disparate impact in determining Fair Housing Act violations.

NEWSBYTES

Mortgage rates fall

January 15, 2026

Nichols: Credit card rate cap would harm those it is meant to help

January 15, 2026

Study: FHLBank advances boost community lending

January 15, 2026

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: A Lone Star banking perspective

January 15, 2026

Podcast: The incredible shrinking penny (circulation)

January 8, 2026

Podcast: Cybersecurity in a mobile-first banking landscape

December 18, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.