Michael T. Goldman and Judith R. Goldman v. First Federal Savings and Loan Association of Wilmette
Court of Appeals for the First Circuit
1Opinion of the Court
STEVENS, Circuit Judge.
This interlocutory appeal raises the question whether a federally regulated mortgagee’s retention of prepaid interest at the time a loan is paid in full in advance of maturity constitutes a “prepayment penalty” within the meaning of 12 C.F.R. § 545.6-12(b). 1 The district court held that defendant had exacted such a penalty and, therefore, sustained plaintiffs’ complaint seeking a recovery of $36.25 for themselves and comparable amounts on behalf of “thousands” of similarly situated persons.
I
In 1966 plaintiffs borrowed $22,000 from the defendant, a savings and loan…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Cort v. AshSupreme Court of the United States · 1975
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
- Securities Investor Protection Corp. v. BarbourSupreme Court of the United States · 1975
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3Cited by43 opinions
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- Mortensen v. First Federal Savings And Loan AssociationCourt of Appeals for the First Circuit · 1977
- Shaffer v. Board Of School Directors Of The Albert Gallatin Area School DistrictCourt of Appeals for the Third Circuit · 1984
- Cannon v. University of ChicagoCourt of Appeals for the Seventh Circuit · 1976
- Local Division 519, Amalgamated Transit Union, Afl-Cio v. Lacrosse Municipal Transit Utility and City of Lacrosse, WisconsinCourt of Appeals for the Seventh Circuit · 1978
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