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Cases based on unconscionability in adhesion contracts are not new, but are being raised more frequently to combat the bank’s tactics to engineer loan defaults. Loan modifications are also adhesion contracts and may be filed where the terms or actions of the bank are unconscionable and result in default (dual-tracking, large balloon payments at loan’s end, etc).
A contract can’t be enforced if it is grossly unfair- but aren’t mortgages where the borrower is not allowed to know who their lender is- unconscionable? It may be time to expand the definition of what is unconscionable in contracts of adhesion.
If you are in Florida and are looking for help with your foreclosure, especially your foreclosure trial, call James "Randy" Ackley at 561-594-5671 for a FREE CONSULTATION.