Legal Opinion

People v. Central Federal Savings & Loan Ass'n

New York Court of Appeals

Decided December 6, 1978Published

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

A commitment fee paid by a developer to a lender to reserve funds for future mortgage loans to individual home*44owners is not to be considered any part of the interest paid by the mortgagor for purposes of applying the usury statute.

The Attorney-General’s complaint alleges that in May, 1973 Central Federal Savings and Loan Association of Nassau County agreed with the sponsor-developer of a condominium housing project to reserve $7,500,000 from which to make future purchase-money mortgage loans to individuals to finance the acquisition of condominium units in the…

2Cases cited5 opinions

  1. Boston Road Shopping Center, Inc. v. Teachers Insurance & Annuity Ass'nAppellate Division of the Supreme Court of the State of New York · 1961
  2. Boston Rd. Shopping Ctr., Inc. v. Teachers Ins. & Annuity Ass'n of Am.New York Court of Appeals · 1962
  3. Bevier v. . CovellNew York Court of Appeals · 1881
  4. Fort M Development Corp. v. Inland Credit Corp.Appellate Division of the Supreme Court of the State of New York · 1976
  5. Fort M Development Corp. v. Inland Credit Corp.New York Court of Appeals · 1977

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