Sack Rosendin, LLP
Call 510-922-0442
Put Our Success & Experience to Work for You!

February 2016 Archives

Unaffordable Contracts Held Unendforceable

The Court of Appeal for San Jose has held that borrowers could sue the lender and the buyer at a foreclosure sale to have the loan held to be unenforceable, where the loan required payments $1000.00 per month higher than the borrowers' monthly income. That the contract costs more than a party can afford, is a new legal defense. It could be applied to automobile loans and leases, real estate and home purchase contracts, landlord-tenant rents, and even the high interest rates and fees on payday loans and credit cards. We read in the media, complaints by tenants advocates about rent increases which raise the rent to amounts the tenants cannot afford, as a defense and opposition to market rate rents. Here is a judicial decision supporting that as a legal defense.

Why Clients Choose Us
  • Small Firm Personal Attention and Large Firm Experience
  • Cutting Edge Ideas, Strategies and Advocacy
  • Loyalty to the Client, Confidentiality and Integrity
  • Work Integrity: Getting it right - No mistakes.

Sack Rosendin, LLP | One Kaiser Plaza | Suite N1015 | Oakland, CA 94612 | Phone: 510-922-0442 | Map & Directions