Government land-bank of Berkeley v. Warner, 292 U.S. 53 (1934). Federal Land Bank of Berkeley v. Warner

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U.S. Supreme Judge

1. A stipulation in a Farm financing financial that, in the event of match to foreclose, the mortgagor shall spend a fair attorney’s charge to get solved because of the court, are good according to the Federal Farm financing operate if legitimate in county law. P. 292 U. S. 54 .

2. the goal of the Farm Loan operate is make it possible for farmers, by mortgaging their own lands, to get loans at low cost, this function is to be seen in determining what’s a fair attorneys’s fee in a foreclosure proceeding. P. 292 U. S. 57 .

Certiorari, 290 U.S. 620, to review the affirmance of a decree foreclosing a farm financing financial when the trial courtroom had refused to impose a stipulation for legal counsel’s charge.

U.S. Great Legal

Federal Land Bank of Berkeley v. Warner

CERTIORARI WITH THE GREAT COURTROOM OF ARIZONA

1. A stipulation in a Farm Loan Mortgage that, in case there are match to foreclose, the mortgagor shall pay a reasonable attorneys’s charge to get repaired from the judge, try good in government Farm mortgage Act if good beneath the condition laws. P. 292 U. S. 54 .

2. The purpose of the Farm financing operate is always to make it possible for farmers, by mortgaging their own places, to acquire financing at low-cost, and that reason is to be seen in identifying understanding a fair attorneys’s cost in a foreclosures proceeding. P. 292 U. S. 57 .

Certiorari, 290 U.S. 620, to examine the affirmance of a decree foreclosing a farm financing financial in which the test legal have would not enforce a stipulation for legal counsel’s fee.

MR. JUSTICE BUTLER delivered the thoughts in the courtroom.

Participants provided petitioner a home loan to their farm lands in Arizona to protected that loan of $7,200 built in accordance aided by the Farm financing work. [Footnote 1] The financial supplies that, in title loans in Illinois the event of fit to foreclose, the mortgagors shall spend a reasonable lawyer’s fee to be set of the court. And therefore condition is valid under Arizona rules. [Footnote 2] The borrowers having failed to spend based on her promise, petitioner brought this fit to foreclose the home loan and prayed that a lawyer’s cost of $125 be included in the wisdom. Respondents objected on the allowance of any amount because of that product, the test courtroom sustained their own assertion, plus the great legal upheld that part of the decree upon the ground that the number of these a charge are prohibited by the after section of § 31: «No land bank . . . shall recharge or get any cost, commission, incentive, gift, or any other consideration maybe not here particularly licensed.» 12 U.S.C. § 983.

That development can not be suffered. The work determines collaboration between individuals on farm mortgages and investors for the ties secured by them. The requirement, in the shape of the mortgage supply, that a mortgagor shall carry the trouble put-upon the bank by his standard are reasonable, as well as in harmony with that principle.

For the lack of an ordinary term to this results, it may not feel used that Congress intended to put upon nondefaulting consumers any an element of the expense of foreclosure of mortgages from others. The Act doesn’t prescribe procedures for foreclosures, but suggests that county legislation should be regulate. Section 30 directs the land bank administrator to look at the guidelines of every State in order to document, among other things, whether, in his advice, they are including to guard against reduction in instance of default. 12 U.S.Code, § 971. It provides that, if evaluation shall reveal that the regulations of any cannot afford enough coverage, the Farm Credit Administration may declare mortgage loans on area for the reason that condition ineligible. Laws, § 972. And the petition because of this writ suggests that, except in some reports where local law prohibits this type of contracts, all mortgages taken by the government area Finance companies have terms for attorneys’s charge for foreclosure. [Footnote 3] using this it would appear that officials energized by-law together with the management from the finance companies have always construed the Act to permit condition rules to manage. All of our interest hasn’t been called to any case which that building happens to be asked. Really entitled to big pounds. Us v. Mo. Pac. R. Co., 278 U. S. 269 , 278 U. S. 280 .