Listen Now as South Florida attorneys’ James Randy Ackley of the Law Offices of James Randy Ackley, PA and Neil Garfield of The Garfield Firm discuss how adhesion contracts and unconscionability pertain to foreclosure.
A standard contract drafted by one party (usually a business with stronger bargaining power) and signed by the weaker party (usually a consumer in need of goods or services), must adhere to the contract and therefore does not have the power to negotiate or modify the terms of the contract. Adhesion contracts are commonly used for matters involving insurance, leases, deeds, mortgages and other forms of consumer credit. To learn more about this potential legal strategy- listen now!
Contact:
The Martindale-Hubbell® AV rated Attorney James R. “Randy” Ackley*
Law Offices of James R. Ackley, P.A.
3362 Blue Fin Drive
West Palm Beach, FL 33411
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Filed under: foreclosure |
In a Lawsuit, the Defending Attorney says –
“Plaintiff seems to be suggesting that the Mortgage is not enforceable because unnamed Pretender Lender did not sign it.
If so, Plaintiff is wrong because under M.C.L. 565.154 only the borrower needs to sign the mortgage.
See also, U.S. v. Certain Real Property Located at 750 East Shore Drive, Whitmore Lake, Washtenaw County, Mich., 800 F. Supp. 547, 550 (E.D. Mich., 1992) (mortgage valid where “the document is signed by the grantor”).”
But the language of the Statute is “GANTOR”?????
Moreover, after a review – Deeds of trust do not use the common terms “grantor” or “grantee.” Under a deed of trust (Mortgage), three parties are in play: the borrower, the lender and a neutral trustee.
he borrower meets the closest definition of “grantee;” the borrower is the one who will ultimately receive title, but only after repaying the debt. While the borrower owes the debt on the property to the lender, the trustee holds title for the benefit of the lender.
This argument is a good one and it will gain traction … when presented in the correct venue, I believe.
This argument will never gain traction. TILA laws have been in place for years. It is not take it or leave it… The terms are disclosed in advance.
Judge Spinner ruled the mortgage and OneWest’s actions were unconscionable, and discharged the mortgage o that basis. Appeals Courts overturned and reinstated mortgage.
If the terms at the table are different from the terms disclosed in the GFE or Closing Estimate Form, you do not have to accept and can sue the lender for damages.
Testing … 123