---
kind: "section"
citation: "12 C.F.R. § 338.9"
title: "12"
number: "338.9"
heading: "Mortgage lending of a controlled entity."
url: "https://uscodex.org/cfr/12/338.9"
---

# §338.9. Mortgage lending of a controlled entity.


Any bank which refers any applicants to a controlled entity and which purchases any covered loan as defined in Regulation C of the Bureau of Consumer Financial Protection ([12 CFR part 1003](/cfr/12/part1003.md)) originated by the controlled entity, as a condition to transacting any business with the controlled entity, shall require the controlled entity to enter into a written agreement with the bank. The written agreement shall provide that the entity shall:

- (a) Comply with the requirements of §§ [338.3](/cfr/12/338.3.md), [338.4](/cfr/12/338.4.md), and [338.7](/cfr/12/338.7.md), and, if otherwise subject to Regulation C of the Bureau of Consumer Financial Protection ([12 CFR part 1003](/cfr/12/part1003.md)), [§ 338.8](/cfr/12/338.8.md);
- (b) Open its books and records to examination by the Federal Deposit Insurance Corporation; and
- (c) Comply with all instructions and orders issued by the Federal Deposit Insurance Corporation with respect to its home loan practices.

## Notes

### Authority

Authority: 12 U.S.C. 1817, 1818, 1819, 1820(b), 2801 et seq.; 15 U.S.C. 1691 et seq.; 42 U.S.C. 3605, 3608; 12 CFR parts 1002, 1003; 24 CFR part 110.

### Source

Source: 86 FR 8088, Feb. 3, 2021, unless otherwise noted.