Kuebler v. Union Planters Mortg.

[David A. Szwak]

Kuebler v. Union Planters Mortg.
Slip Copy, 2006 WL 1666719
N.D.Miss.,2006.
June 15, 2006

Background: Administrator of deceased mortgagor's estate brought action against mortgagee, alleging violations of the Fair Debt Collection Practices Act (FDCPA) and various state law claims. Mortgagee moved to dismiss.

Holdings: The District Court, Glen H. Davidson, Chief Judge, held that:
(1) arbitration agreement was enforceable, despite mortgagee's failure to sign it;
(2) disputes were within scope of arbitration agreement; and
(3) arbitration agreement was not unconscionable.

Motion granted.