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Goebel v. First Federal Savings and Loan Association of Racine

Supreme Court of Wisconsin

266 N.W.2d 352 (1978)

Relevant factsFree

Goebel and other borrowers (plaintiffs) signed a 1964 note and 25-year mortgage with First Federal Savings and Loan (defendant) at 6 percent interest with $110 monthly payments, under a note permitting First Federal to increase monthly payments only if the borrowers took future advances or First Federal made necessary cash expenditures connected to the loan; nine years later, First Federal raised the interest rate and suggested borrowers either increase their monthly payment by $7.49 or extend the loan two years, but the plaintiffs did neither and kept paying $110. After learning hundreds of other borrowers had been paying increased amounts to cover the rate hike, the plaintiffs brought a class action arguing First Federal lacked authority to increase payments or extend the loan term to cover the increased interest.

IssueFree

Whether a lender may increase a borrower's monthly mortgage payments or extend the loan term to cover an interest-rate increase, where the note's adjustment provision authorizes increased payments only for specifically enumerated events that did not occur.

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