Dubuis v. Security First Federal Savings & Loan Ass'n

SHARP, Chief Judge.

This is an appeal from a foreclosure suit filed by Security First Federal Savings and Loan Association, mortgagee, in which the final judgment was entered on the basis of Security’s motion for summary judgment. The affidavit filed in opposition to the summary judgment by the mortgagor, Dubuis, challenges the fact (which we must accept as true) that Security only recalculated the variable interest rate once over the four years of the existence of the loan, in violation of the express terms of the note, which provides for a recalculation of interest every six months, based on…