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Commercial Law Keyed to Lopucki
Basile v. Erhal Holding Corp
Facts
Plaintiff mortgaged her property to Defendant for a loan at an alleged usurious rate. Plaintiff brought this action to declare the mortgage null and void on the ground of usury. Prior to trial the parties settled. Plaintiff agreed to execute a mortgage to Defendant in the sum of $101,303.59 and a deed in lieu of foreclosure. Plaintiff swore under oath that she understood the terms of the mortgage including the term that stated if she defaulted, Defendant could record the deed and become owner of the property. Plaintiff defaulted and Defendant recorded the deed. Thereafter Defendant brought this motion.
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