Mary Lodge was one of eight African American firsttime homebuyers who filed an action against United Homes

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Mary Lodge was one of eight African American firsttime homebuyers who filed an action against United Homes LLC, lenders, appraisers, lawyers, and others, alleging that the defendants conspired to sell them overpriced, defective homes, financed with predatory loans. In 2002, Lodge purchased a home at 249 Halsey Street from United Homes for $419,000. Lodge took out two mortgage loans with Olympia Mortgage Company after being told that she would be able to pay the for the mortgage by renting out rooms. After moving into the new house, Lodge found out that the house was in a state of disrepair; the floor of the house was rotten, the basement flooded during rain, and the house was not insulated. Wachovia Bank, which had bought Lodge's first mortgage from Olympia, sought a summary judgement against Lodge's claims against the enforceability of the mortgage based on the defense that Wachovia was the holder in due course. However, the court found that Wachovia did not acquire the mortgage in good faith and denied Wachovia's motion for summary judgement. The NYUCC defines "good faith" as "honesty in fact in the conduct or transaction concerned." Is this an objective or subjective definition of "good faith?" What evidence would the judge need to dismiss Wachovia's motion for summary judgement using the NYUCC definition of "good faith?" [Barkley v. Olympia Mortgage Company [557 Fed. Appx. 22; (2014).]

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Dynamic Business Law The Essentials

ISBN: 978-1259917103

4th edition

Authors: Nancy Kubasek, Neil Browne, Daniel Herron

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