MASS. HOUS. FIN. AGENCY v. WHITNEY HOUSE ASSOC

No. 93-P-1123.

37 Mass. App. Ct. 238 (1994)

638 N.E.2d 1378

MASSACHUSETTS HOUSING FINANCE AGENCY vs. WHITNEY HOUSE ASSOCIATES & others.

Appeals Court of Massachusetts, Suffolk.

September 2, 1994.


Attorney(s) appearing for the Case

Paul W. Shaw for the plaintiff.

Thomas P. Callaghan, Jr., for the defendants.

Present: DREBEN, KASS, & FINE, JJ.


KASS, J.

We are to decide whether a condition placed by the Massachusetts Housing Finance Agency (MHFA) on the extension of a loan commitment, that the borrower reimburse the MHFA for arbitrage losses, was enforceable. The question was submitted on the MHFA's motion for summary judgment, which a judge of the Superior Court resolved — we think mistakenly — against the MHFA. We are of opinion that the...

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