Hellbaum v. Lytton Sav. & Loan Assn

In Hellbaum v. Lytton Sav. & Loan Assn. (1969) 274 Cal.App.2d 456, the court held that the prepayment fee was not a forfeiture or an unreasonable restraint on alienation. The court noted that the lender had a justifiable interest in motivating an intended long-term debtor to refrain from early prepayment of principal and thus the prepayment penalty was allowable. ( Id., at p. 459.) There is dicta in the Hellbaum decision which suggests that a prepayment penalty may be unenforceable if it is unreasonable or unconscionable. One commentator has stated regarding the Hellbaum decision: "However, it is entirely possible that a court, examining a prepayment charge so exorbitant as to shock the judicial conscience and entirely incompatible with customs of the trade, will reject the freedom of contract analysis and declare it an invalid penalty." (Cal. Real Estate Secured Transactions (Cont.Ed.Bar 1970) 4.69-4.78, pp. 193-209, at p. 196.)