Legal Opinion
Glendale Federal Savings & Loan Ass'n v. Fox
District Court, C.D. California
Decided November 1, 1978No. 77-3274-WMBPublishedCited by 46 opinions
1Opinion of the Court
ORDER
WM. MATTHEW BYRNE, Jr., District Judge.
The question presented by this motion for partial summary judgment is whether state regulation of the validity and exercisability of “due-on-sale” clauses contained in loan instruments of federal savings and loan associations executed on or after June 8, 1976, is preempted by federal law. A “due-on-sale” clause provides the lender an option to declare immediately due and payable all of the sums owed to the lender if all or any part of the real property securing the loan is sold or otherwise transferred by the borrower without the lender’s prior…
2Cases cited16 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Parker v. BrownSupreme Court of the United States · 1943
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- McKell v. Washington Mutual, Inc.California Court of Appeal · 2006
- McKell v. Washington Mut., Inc.California Court of Appeal · 2006
- Holiday Acres No. 3 v. Midwest Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1981
- Williams v. First Federal Savings & Loan Ass'n of ArlingtonCourt of Appeals for the Fourth Circuit · 1981
41 more not listed; retrieve them via the Exa API.