HOLA and OTS regulations preempt state law claims based on California’s predatory lending statute and state lending laws or TILA, but do not preempt claims based on a thrift’s alleged misrepresentation on the interest rate applicable to plaintiff’s mortgage. Ibarra v. Loan City, 09 CV 02228, 2010 U.S. Dist. LEXIS 6583 (S.D. Cal. Jan. 27, 2010). Claims based on the duty not to misrepresent material facts, the court explained, are not preempted because such duty generally applies to all business and do not regulate lending.
Separately, a Los Angeles federal court held HOLA and OTS regulations do not completely preempt state law claims to create subject matter jurisdiction, finding HOLA did not provide the exclusive cause of action for the claims asserted. Bartolome v. Homefield Financial Inc., CV 09-7258, 2009 WL 4907050 (C.D. Cal. Dec. 11, 2009).