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Dispute Resolution Keyed to Menkel-Meadow, 3rd Ed.
Olam v. Congress Mortgage Co.
Citation:
68 F. Supp. 2d 1110 (1999)Facts
In 1992, Donna Olam obtained a $187,000 loan from Congress Mortgage secured by two properties in San Francisco. After defaulting on payments, she faced foreclosure proceedings. Following disputed workout agreements in 1993 and 1994, Olam filed suit against Congress Mortgage in 1995, alleging violations of the Truth in Lending Act and state law claims. After several failed settlement attempts, the parties participated in court-sponsored mediation on September 9-10, 1998. The mediation lasted over 14 hours, ending around 1:00 a.m. with the parties signing a Memorandum of Understanding that expressly stated it was “intended as a binding document itself.” When Olam later refused to comply with the agreement, defendants moved to enforce it. Olam claimed she was physically ill, emotionally distressed, and mentally incapacitated during the mediation, that she was left alone most of the day, did not understand the process, and was pressured to sign the MOU without reading or understanding it.
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