Legal Opinion

First Mortg. Co. of Pa. v. Carter

Superior Court of Pennsylvania

Decided November 19, 1982No. 1859PublishedCited by 10 opinions

1Opinion of the Court

WIEAND, Judge:

After a loan transaction has been completed and the borrowers’ corporate nominee has thereafter made a total of twenty-one monthly repayments of principal and interest, can the borrowers defend an action in assumpsit for the defaulted, unpaid balance by contending that the lender failed at settlement to make certain disclosures in the manner required by the loan agreement? We conclude that where, as here, the borrowers have failed to show any damage as a result of the lender’s technical and insignificant omissions, they cannot avoid liability by rescinding the transaction. A…

2Cases cited22 opinions

  1. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  2. Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
  3. James A. Rudisell v. The Fifth Third BankCourt of Appeals for the Third Circuit · 1980
  4. Exton Drive-In, Inc. v. Home Indemnity Co.Supreme Court of Pennsylvania · 1969
  5. Richard Gennuso v. Commercial Bank & Trust CompanyCourt of Appeals for the Third Circuit · 1977

17 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Cimina v. BronichSupreme Court of Pennsylvania · 1988
  2. Liazis v. Kosta, Inc.Superior Court of Pennsylvania · 1992
  3. Atlantic LB, Inc. v. VrbicekSuperior Court of Pennsylvania · 2006
  4. Gino Sabatini v. Its Amore CorpCourt of Appeals for the Third Circuit · 2011
  5. Baribault v. Peoples Bank of OxfordSuperior Court of Pennsylvania · 1998

5 more not listed; retrieve them via the Exa API.

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