Legal Opinion
Andrews v. Fleet Real Estate Funding Corp. (In Re Andrews)
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 23, 1987No. 19-10175PublishedCited by 28 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
In this case, we decide that, due to the wording of the mortgage in issue, the mortgagee is not authorized to measure “late charges” which may be imposed upon the mortgagor for tardy payments by reference to the entire monthly payment, as is the general practice, but by reference to only that portion of the payment attributable to principal and interest.
We also hold that the improper past collection of excess late charges is actionable under the Pennsylvania statute regulating “unfair or deceptive acts or practices,” 73 P.S. § 201-1, et seq. (referred…
2Cases cited15 opinions
- Federal Trade Commission v. Colgate-Palmolive Co.Supreme Court of the United States · 1965
- Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
- Federal Trade Commission v. Algoma Lumber Co.Supreme Court of the United States · 1934
- Russell v. Fidelity Consumer Discount Co. (In Re Russell)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re LewisUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re JordanUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re Smith.Court of Appeals for the Third Circuit · 1989
- Fleet v. United States Consumer Council, Inc. (In Re Fleet)District Court, E.D. Pennsylvania · 1989
23 more not listed; retrieve them via the Exa API.