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(a) State laws that are
inconsistent with RESPA or this part are preempted to the extent of
the inconsistency. However, RESPA and these regulations do not annul,
alter, affect, or exempt any person subject to their provisions from
complying with the laws of any State with respect to settlement
practices, except to the extent of the inconsistency.
(b) Upon request by any person, the Secretary is authorized to
determine if inconsistencies with State law exist; in doing so, the
Secretary shall consult with appropriate Federal agencies.
(1) The Secretary may not determine that a State law or
regulation is inconsistent with any provision of RESPA or this part,
if the Secretary determines that such law or regulation gives greater
protection to the consumer.
(2) In determining whether provisions of State law or
regulations concerning affiliated business arrangements are
inconsistent with RESPA or this part, the Secretary may not construe
those provisions that impose more stringent limitations on affiliated
business arrangements as inconsistent with RESPA so long as they give
more protection to consumers and/or competition.
(c) Any person may request the Secretary to determine whether an
inconsistency exists by submitting to the address indicated in Sec.
3500.3, a copy of the State law in question, any other law or judicial
or administrative opinion that implements, interprets or applies the
relevant provision, and an explanation of the possible inconsistency.
A determination by the Secretary that an inconsistency with State law
exists will be made by publication of a notice in the Federal
Register. ``Law'' as used in this section includes regulations and any
enactment which has the force and effect of law and is issued by a
State or any political subdivision of a State.
(d) A specific preemption of conflicting State laws regarding notices
and disclosures of mortgage servicing transfers is set forth in Sec.
3500.21(h).
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