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Consumer Law Keyed to Pridgen, 5th Ed.
Associates Home Equity Services, Inc. v. Troup
Citation:
778 A.2d 529 (2001)Facts
Beatrice Troup, a seventy-four-year-old African-American woman, had lived at her Newark home for approximately forty years when she was contacted by telephone by Gary Wishnia, a home repair contractor. Wishnia convinced Beatrice and her son Curtis to execute a contract for exterior home repairs totaling $38,500, later amended to $49,990 to include interior repairs. Wishnia told Beatrice not to worry about financing because he would arrange it for her. Wishnia worked with Jeffrey Ahrens of East Coast Mortgage Corporation to prepare the Troups’ loan application and arranged all aspects of the financing, including transportation via limousine to ECM’s office for closing. The loan carried an 11.65% adjustable interest rate, four points in fees, and a fifteen-year balloon payment structure requiring a final payment of over $41,000. ECM assigned the mortgage to Associates nine days after closing. When the Troups defaulted, Associates filed for foreclosure, and the Troups raised multiple defenses including predatory lending, consumer fraud, and civil rights violations.
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