Legal Opinion

Michael T. Goldman and Judith R. Goldman v. First Federal Savings and Loan Association of Wilmette

Court of Appeals for the First Circuit

Decided July 16, 1975No. 74-1503PublishedCited by 43 opinions

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

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  4. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  5. Securities Investor Protection Corp. v. BarbourSupreme Court of the United States · 1975

5 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
  2. Mortensen v. First Federal Savings And Loan AssociationCourt of Appeals for the First Circuit · 1977
  3. Shaffer v. Board Of School Directors Of The Albert Gallatin Area School DistrictCourt of Appeals for the Third Circuit · 1984
  4. Cannon v. University of ChicagoCourt of Appeals for the Seventh Circuit · 1976
  5. 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

38 more not listed; retrieve them via the Exa API.

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