Legal Opinion

Viereck v. Peoples Savings & Loan Ass'n

Supreme Court of Minnesota

Decided January 20, 1984No. C1-82-870, CX-82-1600PublishedCited by 15 opinions

1Opinion of the Court

KELLEY, Justice.

In each of these cases separate trial judges held due-on-sale clauses in conventional mortgages on borrower-occupied residential property executed prior to June 1, 1979, were unenforceable by mortgagees who, although state chartered at the time of the execution of each mortgage, were federally chartered at the time of the attempted accelerations of payment upon transfer of the mortgage property by the mortgagors. We affirm.

The Vierecks executed a uniform FNMA/FHLMC mortgage 1 on residential property owned and occupied by them to Peoples Savings and Loan Association (Peoples)…

2Cases cited13 opinions

  1. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  2. United States v. Security Industrial BankSupreme Court of the United States · 1982
  3. Wellenkamp v. Bank of AmericaCalifornia Supreme Court · 1978
  4. Derenco, Inc. v. Benj. Franklin Federal Savings & Loan Ass'nOregon Supreme Court · 1978
  5. Holiday Acres No. 3 v. Midwest Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1981

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

3Cited by15 opinions

  1. Hadrava v. HadravaCourt of Appeals of Minnesota · 1984
  2. Stenger v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1984
  3. Lovgren v. Peoples Elec. Co., Inc.Supreme Court of Minnesota · 1986
  4. State Ex Rel. Younger v. BryantNorth Dakota Supreme Court · 1991
  5. Akopyan v. Wells Fargo Home Mortgage, Inc.California Court of Appeal · 2013

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

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