12 CFR § 338.9 - Mortgage lending of a controlled entity.

---
identifier: "/us/cfr/t12/s338.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 338.9 - Mortgage lending of a controlled entity."
title_number: 12
title_name: "Banks and Banking"
section_number: "338.9"
section_name: "Mortgage lending of a controlled entity."
chapter_name: "FEDERAL DEPOSIT INSURANCE CORPORATION"
subchapter_number: "B"
subchapter_name: "REGULATIONS AND STATEMENTS OF GENERAL POLICY"
part_number: "338"
part_name: "FAIR HOUSING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 1817, 1818, 1819, 1820(b), 2801  15 U.S.C. 1691  42 U.S.C. 3605, 3608; 12 CFR parts 1002, 1003; 24 CFR part 110."
regulatory_source: "86 FR 8088, Feb. 3, 2021, unless otherwise noted."
cfr_part: "338"
---


# 338.9 Mortgage lending of a controlled entity.

Any bank which refers any applicants to a controlled entity and which purchases any covered loan as defined in Regulation C of the Bureau of Consumer Financial Protection (12 CFR part 1003) originated by the controlled entity, as a condition to transacting any business with the controlled entity, shall require the controlled entity to enter into a written agreement with the bank. The written agreement shall provide that the entity shall:

(a) Comply with the requirements of §§ 338.3, 338.4, and 338.7, and, if otherwise subject to Regulation C of the Bureau of Consumer Financial Protection (12 CFR part 1003), § 338.8;

(b) Open its books and records to examination by the Federal Deposit Insurance Corporation; and

(c) Comply with all instructions and orders issued by the Federal Deposit Insurance Corporation with respect to its home loan practices.