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Enforcement ActionLow RiskMultistate

NY AG and Coalition Sue OCC Over Rules Preempting State Escrow Interest Laws

Office of the Comptroller of the CurrencyAugust 11, 2026New York Attorney General

Summary

Nine state attorneys general, led by New York AG Letitia James, sued the U.S. Office of the Comptroller of the Currency (OCC) to stop two rules that preempt state laws requiring banks to pay interest on escrow accounts. The coalition argues the rules exceed OCC's authority under Dodd-Frank and the Administrative Procedure Act. The suit seeks a court order declaring the rules illegal and preventing their implementation.

Remedy

The coalition seeks a court order declaring the OCC rules unlawful and an injunction preventing their implementation.

Injunction

Contract Impact

In-house legal teams should review mortgage servicing agreements, escrow account management contracts, and any agreements with banks or loan servicers to ensure compliance with state escrow interest laws. Specifically, they should examine clauses governing escrow payments, interest accrual, and any provisions that might attempt to preempt state consumer protection statutes. Additionally, they should assess whether their contracts contain provisions that could be affected by OCC preemption rules and whether opt-out or compliance mechanisms are aligned with existing state requirements.

Contract Search Terms

escrow accountinterest on escrowmortgage escrow clauseescrow payment termsstate escrow law compliancemortgage servicing agreementpreemptionnational bank preemptionescrow interest obligation

Laws Cited

Dodd-Frank Wall Street Reform and Consumer Protection ActAdministrative Procedure Act

Violation Types

Entity Details

Entity

Office of the Comptroller of the Currency

Industry

Financial Services

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"U.S. Office of the Comptroller of the Currency (OCC)"
Laws Cited
"The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) has strict limits on OCC’s ability to preempt state consumer protection laws"
Laws Cited
"violating the Administrative Procedure Act (APA)"
Remedy Summary
"seeking a court order declaring the rules illegal and preventing them from being implemented"

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