Preemption Determination: State Interest-on-Escrow Laws

The Providing Accountability Through Transparency Act of 2023 requires that a notice of proposed rulemaking include the internet address of a summary of not more than 100 words in length of a proposed rule, in plain language, that shall be posted on the internet website www.regulations.gov. The OCC is proposing to issue a preemption determination concluding that Federal law preempts state laws that eliminate OCC-regulated banks’ flexibility to decide whether and to what extent (1) to pay interest or other compensation on funds placed in real estate escrow accounts or (2) to impose fees in connection with maintaining such accounts. This preemption determination would provide much needed clarity to banks and other stakeholders. The proposal and required summary can be found for the OCC at https://www.regulations.gov by searching for Docket ID OCC-2025-0735 and https://occ.gov/topics/laws-and-regulations/occ-regulations/proposed-issuances/index-proposed-issuances.html.