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Contracts Keyed to Calamari
Knapp v American General Finance Inc.
Facts
The Plaintiffs, Mr. & Mrs. Knapp (the "Plaintiffs"), wished to borrow $1000 dollars from the Defendant, American General Home Equity, Inc. (the "Defendant"). Mr. Knapp telephoned the Defendant, gave them certain information and was told that the Plaintiffs' loan was approved. On November 26, 1997, the Plaintiffs visited the Defendant's office to sign various documents documenting a $1038.83 loan at an annual percentage rate of 30.99%. Mrs. Knapp is illiterate and Mr. Knapp cannot see without his glasses, which he was not wearing when he signed these documents. Mr. Knapp also only has an eighth grade education. Mr. Knapp told one of the Defendant's employees he could not see the documents, and Mrs. Knapp told another employee she could not read. The Defendants also were allegedly given a security interest in certain of the Plaintiffs' property. The Plaintiffs were under the impression that they had to have insurance for their property the loan was secured by. The Plaintiffs executed various documents concerning insurance. This security interest was evidenced by various documents. The Plaintiffs made the requisite loan payments for only 5 months, fell behind, and the Defendant sought to repossess the property.
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