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 finalizes rules citing federal preemption of state interest-on-escrow laws

May 15, 2026
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 today finalized two rules to clarify that national banks are exempt from state laws regulating real estate escrow accounts. Both rules were first proposed late last year.

The first rule codifies 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 judgments 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 states 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.

New York, California and at least 12 other states and territories have enacted interest-on-escrow laws in recent years. In a statement, the OCC said its actions “emphasize federal preemption as a critical tool for reducing unnecessary burden, enabling local and national prosperity, and unleashing economic growth.”

In January, the American Bankers Association and the Mortgage Bankers Association expressed their support for the proposed rule codifying national banks’ authority to set the terms and conditions of escrow accounts. ABA issued a statement on X following the finalization of the rules, saying that it appreciated the OCC’s commitment to national bank preemption.

“Without clear federal standards, a fragmented patchwork of state requirements would increase consumer costs and limit credit access,” ABA said.

The finalized rules come roughly a week after the U.S. Court of Appeals for the Second Circuit concluded for a second time that New York’s law was preempted by federal law. The U.S. Supreme Court previously vacated the appeals court’s first decision on the matter and sent it back, directing the justices to conduct a “nuanced comparative analysis.”

Tags: EscrowNational Bank ActNational bank preemptionOCC
ShareTweetPin

Related Posts

Fed, FDIC withdraw statements on managing risks for crypto

Proposed tax break for crypto yield could reshape how Americans save

Featured
June 8, 2026

Departing from the key principle of tax parity with crypto activities would not clarify the rules. It would tilt the playing field across the financial system.

Effective strategies for managing an appraiser shortage

Effective strategies for managing an appraiser shortage

Mortgage
June 8, 2026

The financial industry is facing a shortage of appraisers. Whether there will be enough appraisers to complete future residential or commercial assignments in a timely manner remains to be proven.

New York Fed: Consumer inflation expectations mostly hold steady

New York Fed: Consumer inflation expectations held steady in May

Economy
June 8, 2026

Consumer household inflation expectations in May decreased at the short-term horizon and remained unchanged at the medium- and longer-term horizons, according to the Federal Reserve Bank of New York’s most recent Survey of Consumer Expectations.

Trump removes Harper, Otsuka from NCUA board

ABA: Proposed rule would further erode legal restrictions on credit union membership

Newsbytes
June 8, 2026

A proposal to ease “common bond” membership requirements for federal credit unions is part of a series of policy actions that have steadily expanded credit union membership beyond the limits intended by Congress, ABA said in a letter...

Bank, credit union groups unite against Welch-Gooden bill

NCUA adopts rule to assert federal preemption over state interchange laws

Legal
June 8, 2026

The NCUA is issuing an interim final rule to clarify the powers of federal credit unions to charge certain fees, much like the OCC recently did for national banks.

CFPB claims ‘complex’ pricing drives up cost of financial products

CFPB: Creditors may be required to check immigration status

Compliance and Risk
June 8, 2026

Creditors may be legally obligated to check a consumer's immigration status for mortgage loans and credit cards, especially where removal from the U.S. may disrupt the consumer's income, the CFPB said.

NEWSBYTES

New York Fed: Consumer inflation expectations held steady in May

June 8, 2026

ABA: Proposed rule would further erode legal restrictions on credit union membership

June 8, 2026

NCUA adopts rule to assert federal preemption over state interchange laws

June 8, 2026

SPONSORED CONTENT

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026
Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026

PODCASTS

Podcast: Creating a feeling of welcome, for customers and new bankers

May 28, 2026

Podcast: How consumer deposits drive full relationship banking

May 14, 2026

Podcast: How an Ohio banker talks with policymakers about stablecoin issues

May 6, 2026

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.