---
kind: "section"
citation: "12 U.S.C. § 4908"
title: "12"
title_heading: "Banks and Banking"
number: "4908"
heading: "Effect on other laws and agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/4908"
units:
  - "Chapter 49 — Homeowners Protection"
---

# §4908. Effect on other laws and agreements

- (a) **Effect on State law—**
  - (1) **In general—** With respect to any [residential mortgage](/usc/12/4901.md?p=14) or [residential mortgage transaction](/usc/12/4901.md?p=15) consummated after the effective date of this chapter, and except as provided in [paragraph (2)](#a-2), the provisions of this chapter shall supersede any provisions of the law of any [State](/usc/12/1707.md?p=d) relating to requirements for obtaining or maintaining [private mortgage insurance](/usc/12/4901.md?p=13) in connection with [residential mortgage transactions](/usc/12/4901.md?p=15), cancellation or automatic termination of such [private mortgage insurance](/usc/12/4901.md?p=13), 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](/usc/12/1707.md?p=d) laws, except to the extent that the protected [State](/usc/12/1707.md?p=d) laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency.
    - (B) **Inconsistencies—** A protected [State](/usc/12/1707.md?p=d) law shall not be considered to be inconsistent with a provision of this chapter if the protected [State](/usc/12/1707.md?p=d) law—
      - (i) requires termination of [private mortgage insurance](/usc/12/4901.md?p=13) or other [mortgage](/usc/12/1707.md?p=a) guaranty insurance—
        - (I) at a date earlier than as provided in this chapter; or
        - (II) when a [mortgage](/usc/12/1707.md?p=a) 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](/usc/12/1707.md?p=d) law” means a [State](/usc/12/1707.md?p=d) law—
      - (i) regarding any requirements relating to [private mortgage insurance](/usc/12/4901.md?p=13) in connection with [residential mortgage transactions](/usc/12/4901.md?p=15);
      - (ii) that was enacted not later than 2 years after July 29, 1998; and
      - (iii) that is the law of a [State](/usc/12/1707.md?p=d) that had in effect, on or before January 2, 1998, any [State](/usc/12/1707.md?p=d) law described in [clause (i)](#a-2-C-i).
- (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](/usc/12/4901.md?p=14) loan entered into by the Federal National [Mortgage](/usc/12/1707.md?p=a) Association, the Federal Home Loan [Mortgage](/usc/12/1707.md?p=a) Corporation, or any private investor or note holder (or any successors thereto).

## Source credit

(Pub. L. 105–216, § 9, July 29, 1998, 112 Stat. 906.)

## Notes

### Editorial Notes

### References in Text

The effective date of this chapter, referred to in subsec. (a)(1), is 1 year after July 29, 1998, see section 13 of Pub. L. 105–216, set out as an Effective Date note under section 4901 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 1 year after July 29, 1998, see section 13 of Pub. L. 105–216, set out as a note under section 4901 of this title.