GLENDALE FED. SAV. & LOAN ASS'N v. FOX

No. 77-3274-WMB.

459 F.Supp. 903 (1978)

GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION, a Federally Chartered Association, Plaintiff, v. David H. FOX, etc., et al., Defendants. FEDERAL HOME LOAN BANK BOARD, Cross-Claimant, v. Richard T. SILBERMAN, as Secretary of the Business and Transportation Agency of the State of California, Cross-Claim Defendant.

United States District Court, C. D. California.

November 1, 1978.


Attorney(s) appearing for the Case

G. Howden Fraser/Terry O. Kelly, McKenna & Fitting, Los Angeles, Cal., for plaintiff.

Harold B. Shore, Washington, D. C., for Federal Home Loan Bank Bd.

W. Gary Kurtz, Deputy Atty. Gen., Los Angeles, Cal., for defendants.


ORDER

WM. MATTHEW BYRNE, Jr., District Judge.

The question presented by this motion for partial summary judgment is whether state regulation of the validity and exercisability of "due-on-sale" clauses contained in loan instruments of federal savings and loan associations executed on or after June 8, 1976, is preempted by federal law. A "due-on-sale" clause provides the lender an option to declare immediately due and payable all of the sums owed to the lender...

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