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PostPosted: Mon Nov 27, 2006 7:24 am 
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4. In re Crisomia,
Not Reported in B.R., 2001 WL 1403531, Bkrtcy.E.D.Pa., August 21, 2001 (No. 00-35085DWS, 00-0938.)

...Id. ¶ 82. DISCUSSION As there is no privity of contract between Debtors and the Defendants for performance of the home improvements on their residence, the Debtors rely on what has been commonly referred to as the Federal Trade Commission Holder Rule (“FTC Holder Ruleâ€

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PostPosted: Mon Nov 27, 2006 7:38 am 
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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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