Legal Opinion
In Re Hamlett
United States Bankruptcy Court, M.D. Florida
Decided July 28, 1986No. Bankruptcy 85-659-BK-J-11PublishedCited by 1 opinion
1Opinion of the Court
ORDER SUSTAINING DEBTORS’ OBJECTION TO CLAIM NUMBER 4
GEORGE L. PROCTOR, Bankruptcy Judge.
• This matter came before the Court on debtors’ objection to claim number 4 filed by Mortgage Finance Funding, Inc. Debtors contend that the interest rate charged by Mortgage Finance under its wraparound mortgage exceeds 18 percent per annum in violation of the Florida Usury Law and is unenforceable. F.S.A. § 687.-03.
I. The Facts
Debtors borrowed $13,453.40 from Mortgage Finance Consultants, Inc., securing it with a second mortgage on their home. This mortgage was immediately assigned by Mortgage Finance…
2Cases cited6 opinions
- Hay v. SalisburySupreme Court of Florida · 1926
- Teltronics Services, Inc. v. L M Ericsson Telecommunications, Inc.Court of Appeals for the Second Circuit · 1981
- Matter of FarrellUnited States Bankruptcy Court, E.D. New York · 1982
- Cabinet Craft v. AG Spanos EnterprisesDistrict Court of Appeal of Florida · 1977
- Florida Real Estate Commission v. HarrisSupreme Court of Florida · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boyajian v. DeFusco (In Re Giorgio)District Court, D. Rhode Island · 1988