source:
  type: regulation
  id: hpa-12usc-4908
  authority: 12 U.S.C. §4908 — Effect on other laws
  description: 'HPA preemption section. General federal preemption of State

    PMI requirements, cancellation/automatic termination, and

    disclosure law; preservation of more-borrower-favorable

    "protected State laws" (enacted within 2 years of July 29, 1998,

    by States with pre-existing PMI law as of January 2, 1998);

    supersession of conflicting Fannie Mae, Freddie Mac, and

    private-investor servicing agreements.

    '
obligations:
- id: hpa-12usc-4908-a
  canonical_id: hpa-12usc-4908-a
  section: 12 U.S.C. §4908(a)
  description: '(a): (a) Effect on State law (1) In general With respect to any residential mortgage or
    residential mortgage transaction consummated after the effective date of this chapter, and except
    as provided in paragraph (2), the provisions of this chapter shall supersede any provisions of the
    law of any State rel…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4908(a)(1)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4908
    snapshot_id: 506303758e9dbb54
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:ab1acf1b0f2b759fd3c3787ba1e979e0ef403923c1f73a82bea0e950d6fb3583
    paragraph_quote: (a) Effect on State law (1) In general With respect to any residential mortgage or
      residential mortgage transaction consummated after the effective date of this chapter, and except
      as provided in paragraph (2), the provisions of this chapter shall supersede any provisions of the
      law of any State relating to requirements for obtaining or maintaining private mortgage insurance
      in connection with residential mortgage transactions , cancellation or automatic termination of
      such private mortgage insurance, any disclosure of information addressed by this chapter, and any
      other matter specifically addressed by this chapter. (2) Protection of existing State laws (A) In
      general The provisions of this chapter do not supersede protected State laws , except to the extent
      that the protected State laws are inconsistent with any provision of this chapter, and then only
      to the extent of the inconsistency. (B) Inconsistencies A protected State law shall not be considered
      to be inconsistent with a provision of this chapter if the protected State law —
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4908 from Cornell LII snapshot 506303758e9dbb54;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: hpa-12usc-4908-i
  canonical_id: hpa-12usc-4908-i
  section: 12 U.S.C. §4908(i)
  description: '(i): (i) requires termination of private mortgage insurance or other mortgage guaranty
    insurance— (I) at a date earlier than as provided in this chapter; or (II) when a mortgage principal
    balance is achieved that is higher than as provided in this chapter; or (ii) requires disclosure of
    information— (I) …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4908(a)(1)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4908
    snapshot_id: 506303758e9dbb54
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:ab1acf1b0f2b759fd3c3787ba1e979e0ef403923c1f73a82bea0e950d6fb3583
    paragraph_quote: (i) requires termination of private mortgage insurance or other mortgage guaranty
      insurance— (I) at a date earlier than as provided in this chapter; or (II) when a mortgage principal
      balance is achieved that is higher than as provided in this chapter; or (ii) requires disclosure
      of information— (I) that provides more information than the information required by this chapter;
      or (II) more often or at a date earlier than is required by this chapter. (C) Protected State laws
      For purposes of this paragraph, the term “ protected State law ” means a State law—
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4908 from Cornell LII snapshot 506303758e9dbb54;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: hpa-12usc-4908-i
  canonical_id: hpa-12usc-4908-i
  section: 12 U.S.C. §4908(i)
  description: '(i): (i) regarding any requirements relating to private mortgage insurance in connection
    with residential mortgage transactions ; (ii) that was enacted not later than 2 years after July 29,
    1998 ; and (iii) that is the law of a State that had in effect, on or before January 2, 1998 , any
    State law descri…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4908(a)(1)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4908
    snapshot_id: 506303758e9dbb54
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:ab1acf1b0f2b759fd3c3787ba1e979e0ef403923c1f73a82bea0e950d6fb3583
    paragraph_quote: (i) regarding any requirements relating to private mortgage insurance in connection
      with residential mortgage transactions ; (ii) that was enacted not later than 2 years after July
      29, 1998 ; and (iii) that is the law of a State that had in effect, on or before January 2, 1998
      , any State law described in clause (i).
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4908 from Cornell LII snapshot 506303758e9dbb54;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: hpa-12usc-4908-b
  canonical_id: hpa-12usc-4908-b
  section: 12 U.S.C. §4908(b)
  description: '(b): (b) Effect on other agreements The provisions of this chapter shall supersede any
    conflicting provision contained in any agreement relating to the servicing of a residential mortgage
    loan entered into by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation,
    or any pr…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 12 U.S.C. §4908(a)(1)
    source_class: hpa-statute
    source_url: https://www.law.cornell.edu/uscode/text/12/4908
    snapshot_id: 506303758e9dbb54
    fetched_at: '2026-05-24T00:47:11Z'
    content_hash: sha256:ab1acf1b0f2b759fd3c3787ba1e979e0ef403923c1f73a82bea0e950d6fb3583
    paragraph_quote: (b) Effect on other agreements The provisions of this chapter shall supersede any
      conflicting provision contained in any agreement relating to the servicing of a residential mortgage
      loan entered into by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation,
      or any private investor or note holder (or any successors thereto). ( Pub. L. 105–216, § 9 , July
      29, 1998 , 112 Stat. 906 .)
    drafter_attestation: Verbatim subsection of 12 U.S.C. §4908 from Cornell LII snapshot 506303758e9dbb54;
      body isolated between nav and notes; substring-verified.
  judgment: false
