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IN RE ANDREWS

Bankruptcy No. 86-05932S, Adv. No. 87-0340S.

78 B.R. 78 (1987)

In re Brenda Denise ANDREWS a/k/a Brenda Andrews a/k/a Brenda Denise Newberry, Debtor. Brenda Denise ANDREWS a/k/a Brenda Andrews a/k/a Brenda Denise Newberry, Plaintiff, v. FLEET REAL ESTATE FUNDING CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended October 23, 1987.

Attorney(s) appearing for the Case

Theodore Clattenburg, Jr., Community Legal Services, Inc., Philadelphia, Pa., for debtor/plaintiff.

Gary McCafferty, Philadelphia, Pa., for defendant.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

In this case, we decide that, due to the wording of the mortgage in issue, the mortgagee is not authorized to measure "late charges" which may be imposed upon the mortgagor for tardy payments by reference to the entire monthly payment, as is the general practice, but by reference to only that portion of the payment attributable to principal and interest.

We also hold that the improper past collection of...

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