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 Post subject: Home Repair Contracts
PostPosted: Mon Nov 27, 2006 7:26 am 
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1. Scott v. Mayflower Home Imp. Corp.,
363 N.J.Super. 145, 831 A.2d 564, N.J.Super.L., August 10, 2001

...Defendant(s) Decided Aug. 10, 2001. Homeowners commenced class action against financial institutions who purchased mortgage loans used to finance home repairs by alleged unscrupulous home contractors. Financial institutions moved for summary judgment. The Superior Court Law Division Passaic County Humphreys , J.S.C. (retired and temporarily assigned on recall), held that: (1) Federal Trade Commission (FTC) holder rule applied to financial institutions; (2) class representatives had shown a causal nexus between a wrongful act and their ascertainable loss; (3) notes and mortgages which violated New Jersey Consumer Fraud Act (CFA) or the New Jersey Home Repair Financing Act (HRFA) were void and unenforceable; (4) homeowners could pursue claims for affirmative relief without having to prove they...

...Violation of Regulations 92Bk 61 Civil Liabilities and Penalties for Violations 92Bk 63 k. Persons Liable; Assignees. Federal Trade Commission (FTC) holder rule, which modified the holder in due course doctrine by providing that any holder of consumer credit was subject to...

...defenses which the debtor could assert against the seller, applied to financial institutions who purchased mortgage loans used to finance home repairs and thus holder in due course doctrine did not immunize the financial institutions from the claims of class action homeowners who alleged they had been victimized by unscrupulous home contractors, where all of the notes had FTC holder notice conspicuously printed thereon. 16 C.F.R. § 433.2 [2] 92B Consumer Credit 92BII Federal Regulation 92BII(A) In General...


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2. Williams v. ITT Financial Services,
Not Reported in N.E.2d, 1997 WL 346137, Ohio App. 1 Dist., June 25, 1997 (No. C-960234.)

...Williams could assert any claims that she had against Blair, to whom she gave the proceeds of the loan for home repair, against ITT because Williams did not attempt to hold ITT accountable as a “financial institution,â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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 Post subject:
PostPosted: Mon Nov 27, 2006 7:35 am 
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Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
Citifinancial Mortg. Co., Inc. v. Freeman,
Not Reported in A.2d, 2006 WL 1029321, N.J.Super.Ch., April 13, 2006

...the mortgage contract with Defendant. The contractor received the mortgage as payment for the service contract. Accordingly, the note and mortgage should have contained a provision stating that the holder of the consumer credit contract was “subject to all claims or defenses which the debtor could assert against the seller of services.â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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