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Non-Discrimination Regulation"528.2a"

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I unsuccessfully searched for "528.2a". Can you tell me the status of this nondiscrimination regulation? I was interested in the part that says lenders should have available a copy of their lending standards available upon (a consumer's) request.

The fact that the regulatory citation is to a Part in the 500 series is a tip-off that it's an old Office of Thrift Supervision (OTS) regulation which is, of course, no longer in effect.

You may recall that the Office of the Comptroller of the Currency (OCC) republished a long series of the OTS regulations on August 9, 2011, at 76 FR 48950. Section 528.2a of the OTS regulations was republished as 128.11 of 12 CFR Part 128, and the requirement that each "savings association shall have clearly written, non-discriminatory loan underwriting standards, available to the public upon request, at each of its offices" is found in subsection 128.11(b).

One of the challenges we all face as the "ownership" of regulations gets changed under the provisions of the Dodd-Frank Act is where to find the republished rules. The fact that the regulators are attempting to follow the numbering designations of the former rules (528 became 128) helps greatly in tracking down the new provisions. But you do need to know which agency "took over" a rule to be able to do the sleuthing. Note also that when a former rule used what is now nonconforming section designations (528.2a), the republished rules are likely to tweak the numbering sequence a bit, as this case has illustrated.

First published on 7/16/12

First published on 07/16/2012

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