Markowitz v. Berg

The opinion of the court was delivered by

Heher, J.

We adopt without reservation the views of the learned vice-chancellor (a) that the mortgage in suit, if made without the knowledge of the Home Owners’ Loan Corporation, contravenes the fundamental policy of the Home Owners’ Loan act (12 U. S. C. A. §!§ 1461 et seq.) and the rules and regulations formulated in pursuance of the authority thereby granted (it seems to be conceded that these rules and regulations have the force of law), and is therefore void, and (b) that such knowledge as Epstein, the “fee attorney,” had of the existence of the…