Proposed rule · 2025-23987

Preemption Determination: State Interest-on-Escrow Laws

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 to (1) pay interest or other compensation on funds placed in real estate escrow accounts; or (2) assess fees in connection with such accounts. This preemption determination would provide much needed clarity to banks and other stakeholders.