For those NJ banks with a federal charter, do you issue disclosures for the NJDOBI mortgage rules found at NJAC 3:1-16.1 et seq.? Do you also monitor for the NJ anti-predatory law? We are going to convert to Encompass 360 and my lenders are asking me if we need certain NJ disclosures.

When we had the OTS as our regulator, we took the position that we did not have to comply with such due to preemption. When Dodd Frank had the OTS absorbed into the OCC, I know there was a change to preemption. Our attorney feels we still have preemption unless otherwise told by the OCC. In my opinion, the OCC is not going to be looking for state-specific disclosures during an exam.

Yes, we include the NJAC 3:1-16 disclosure. We're also using Encompass.

We have looked at 12 CFR 34.6 and 34.4 of the OCC regulations and believe we do not need to comply with NJAC 3:1-16.1 et seq. We know we have to comply with some NJ law like the foreclosure requirements.

Why don't you just get on the phone with the OCC. That is what I would do as you probably don't want to be on the wrong side of the preemption fence.

Have you read this:

https://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-95a.pdf