Legal Opinion

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Florida Attorney General Reports

Decided June 3, 1975Published

1Opinion of the Court

QUESTIONS: 1. Can a federal savings and loan association charge a fee of 1 percent of the mortgage balance assumed, with a $100 minimum, for its approval in a transfer situation when a new purchaser assumes and agrees to pay the mortgage balance assumed? 2. Is a Florida documentary stamp tax payable by the prospective purchaser of the house previously financed with the federal lender a valid charge under Florida law?

SUMMARY: There are no statutes or regulations prohibiting a federal savings and loan association from charging a purchaser a 1 percent fee with a $100 minimum for the assumption…

2Cases cited4 opinions

  1. Mindlin v. DavisSupreme Court of Florida · 1954
  2. Slottow v. Hull Investment Co.Supreme Court of Florida · 1930
  3. Norred v. Travelers Insurance CompanyLouisiana Court of Appeal · 1970
  4. Mills v. McMillanSupreme Court of Florida · 1919

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