Home Building & Loan Ass\'n v. Blaisdell PDF

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Summary

Constitutional Law II 2020 case brief for hime building and loan assn...

Description

HOME BUILDING & LOAN ASS’N v. BLAISDELL 290 U.S. 398 (1934) FACTS: Parties: Appellant: Home Building & Loan Ass’n (Π) Appellee: Blaisdell (Δ) Procedural History: 

Trial court granted extension for Δ



Supreme Court of Minnesota affirmed

Relevant Facts: 

The Act provides that during the Great Depression local courts may grant relief from mortgage foreclosures and execution sales by extending the period of redemption from foreclosures



Δ applied to the district court for an order extending the period of redemption from a foreclosure sale



The court entered its judgment extending the period of redemption of 5/1/35 subject to the conditions Δ should pay to Π $40 a month through the extended period from 5/2/33

ISSUE: 

Whether a state can impose restraints on the enforcement of private contracts while at the same time avoiding a violation of the Contracts Clause

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW:



As long as a state’s legislation reasonably relates to an important public interest and does not impair the fundamental value of the creditor’s claim, a state may amend existing remedies for the collection of debts

HOLDING: 

The act is within the police power of a state

COURT’S REASONING:   

Weight is to be given to the legislative determination that an economic emergency exists which demands relief Members of the legislature come from every community of the state and from all the walks of life They are familiar with conditions generally in every calling, occupation, profession, and business in the state...