---
kind: "section"
citation: "12 U.S.C. § 3804"
title: "12"
title_heading: "Banks and Banking"
number: "3804"
heading: "Applicability of preemption provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3804"
units:
  - "Chapter 39 — Alternative Mortgage Transactions"
---

# §3804. Applicability of preemption provisions

- (a) The provisions of [section 3803 of this title](/usc/12/3803.md) shall not apply to any [alternative mortgage transaction](/usc/12/3802.md?p=1) in any [State](/usc/12/1707.md?p=d) made on or after the effective date (if such effective date occurs on or after October 15, 1982, and prior to a date three years after October 15, 1982) of a [State](/usc/12/1707.md?p=d) law or a certification that the voters of such [State](/usc/12/1707.md?p=d) have voted in favor of any provision, constitutional or otherwise, which [states](/usc/12/1707.md?p=d) explicitly and by its terms that such [State](/usc/12/1707.md?p=d) does not want the preemption provided in [section 3803 of this title](/usc/12/3803.md) to apply with respect to [alternative mortgage transactions](/usc/12/3802.md?p=1) (or to any class or type of [alternative mortgage transaction](/usc/12/3802.md?p=1)) subject to the laws of such [State](/usc/12/1707.md?p=d), except that [section 3803 of this title](/usc/12/3803.md) shall continue to apply to—
  - (1) any [alternative mortgage transaction](/usc/12/3802.md?p=1) undertaken on or after such date pursuant to an agreement to undertake such [alternative mortgage transaction](/usc/12/3802.md?p=1) which was entered into on or after October 15, 1982, and prior to such later date (the “preemption period”); and
  - (2) any renewal, extension, refinancing, or other modification of an [alternative mortgage transaction](/usc/12/3802.md?p=1) that was entered into during the preemption period.
- (b) An [alternative mortgage transaction](/usc/12/3802.md?p=1) shall be deemed to have been undertaken during the preemption period to which this section applies if it—
  - (1) is funded or extended in whole or in part during the preemption period, regardless of whether pursuant to a commitment or other agreement therefor made prior to that period; or
  - (2) is a renewal, extension, refinancing, or other modification of an [alternative mortgage transaction](/usc/12/3802.md?p=1) entered into before the preemption period and such renewal, extension, or other modification is made during such period with the written consent of any [person](/usc/12/5481.md?p=19) obligated to repay such [credit](/usc/12/5481.md?p=7).

## Source credit

(Pub. L. 97–320, title VIII, § 805, Oct. 15, 1982, 96 Stat. 1547; Pub. L. 98–181, title I [title IV, § 472], Nov. 30, 1983, 97 Stat. 1237.)

## Notes

### Editorial Notes

### Amendments

1983—Subsec. (a). Pub. L. 98–181 inserted “(or to any class or type of alternative mortgage transaction)”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 15, 1982, see section 807(a) of Pub. L. 97–320, set out as a note under section 3801 of this title.