National banks are exempt. The OCC has a variety of publications which discuss preemption. Here is an exerpt:
"In General. Federal preemption of state law restrictions applies to activities of national banks whether conducted at branches or nonbranch facilities (loan production offices (LPOs), deposit production offices (DPOs), automated teller machines (ATMs), remote service units (RSUs)) or through operations over the Internet."
national banks may make real estate loans without regard to
state law limitations concerning:
§ Licensing, registration (except for purposes of service of process), filings, or reports by creditors
§ A creditor’s ability to require or obtain private mortgage insurance, insurance for other collateral, or
other credit enhancements or risk mitigants
§ Loan-to-value ratios
§ Terms of credit, including schedule for repayment of principal and interest, amortization of loans,
balance, payments due, minimum payments, or term to maturity of the loan, including the
circumstances under which a loan may be called due and payable
§ Aggregate amount of funds that may be loaned on the security of real estate
§ Escrow accounts, impound accounts, and similar accounts
§ Property that secures a loan, including leaseholds
§ Access to, and use of, credit reports
§ Disclosure and advertising, including laws requiring specific statements, information, or other
content to be included in credit application forms, credit solicitations, billing statements, credit
contracts, or other credit-related documents
§ Processing, origination, servicing, sale or purchase of, or investment or participation in, mortgages
§ Disbursements and repayments
§ Rates of interest on loans1
§ Due-on-sale clauses except to the extent provided in federal law2
§ Covenants and restrictions that must be contained in a lease to qualify the leasehold as acceptable
security for a real estate loan
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