OELLERICH v. FIRST FED. SAV. & L. ASS'N OF AUGUSTA

No. 75-2723.

552 F.2d 1109 (1977)

James D. OELLERICH and Margaret M. Oellerich, Plaintiffs-Appellants, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF AUGUSTA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 1977.


Attorney(s) appearing for the Case

T. J. Foss, Oliver K. Mixon, Augusta, Ga., for plaintiffs-appellants.

William M. Lester, John B. Long, Augusta, Ga., for defendant-appellee.

Before TUTTLE, GOLDBERG and RONEY, Circuit Judges.


RONEY, Circuit Judge:

This case involves the truth-in-lending implications of a $1,140 fee imposed by defendant-lender upon plaintiffs, sellers of the mortgaged property, as a condition to the lender's waiver of the "due-on-sale" provision of the mortgage, which required the full amount of the loan plus accrued interest to be paid if ownership of the property was changed. Plaintiffs claim that Regulation Z, 12 C.F.R. § 226.1 et seq., of the Truth-in-Lending...

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