Currie v. Diamond Mortgage Corp.’s Empirical Analysis
859 F.2d 1538 · 1988
Citation profile
11 federal appellate · 6 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2011
11 federal appellate · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 12 U.S.C. § 1735F · 12 U.S.C. § 1735F · 15 U.S.C. § 1605 (§ 106 of the Truth in Lending Act) · 28 U.S.C. § 1291
Relies on United States v. Will · Gomez v. Illinois State Board of Education · Glidden v. Chromalloy American Corp. · Maslowsky v. Cassidy · Bieneman v. City of Chicago
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the Department’s position that the Currie Court [sic] clearly held that the 1981 amendments to Section 4(1)(L) (Par. 6404(1)(L)) of the Statute [now § 205/4(l)(i)] provide that it is lawful to charge any rate of interest or compensation on loans secured by a mortgage on real estate. This amendment is so clearly inconsistent with the points limitation in Section 4.1a of the Statute that such limitation is necessarily repealed. Under these circumstances, the licensee [i.e., the lender] is no longer bound by the points limitation in Section 4.1a.”
1 later decision quote this exact passage · from the majority“(1) The provisions of the constitution or laws of any State expressly limiting the rate or amount of interest, discount points, finance charges, or other charges which may be charged, taken, received, or reserved shall not apply to any loan, mortgage, credit sale, or advance which is— (A) secured by a first lien on residential real property ... (B) made after March 31, 1980; and (C) described in section 527(b) of the National Housing Act ...”
1 later decision quote this exact passage · from the majority“The percentage of the principal amount of the loan represented by all of such charges shall first be computed, which in the case of a loan with an interest rate in excess of 8% per annum secured by residential real estate ... shall not exceed 3% of such principal amount.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.