Legal Opinion

Wachovia Bank, N.A. v. Ladhani

Richmond County Circuit Court

Decided January 12, 2010No. Case Nos. CL09-4843-2, CL09-4844-3Published

1Opinion of the Court

By Judge Alfred D. Swersky

This matter is before the court on defendants’ objections to the confessed judgments filed by complainant on October 27, 2009. For reasons that follow, the objections will be granted in part and overruled in part.

Defendants, in their objections, raise seven defenses to the confessed judgments including violation of the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq., as to defendant Farahnaaz Kanfi, improper acceleration of the notes, double recovery, unenforceable penalty, failure to mitigate damages, lack of notice, and a request for an accounting.

Complainan…

2Cases cited3 opinions

  1. FWB Bank v. R.S.Q. AssociatesFairfax County Circuit Court · 1993
  2. NationsBank v. SarelsonFairfax County Circuit Court · 1992
  3. Ali v. TeleScience International, Inc.Fairfax County Circuit Court · 2004

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