BayBank v. Bornhofft

The plaintiff bank brought a collection action against various parties, including the defendant, Nancy L. Bomhofft, to collect on a $440,000 note in default. She counterclaimed, alleging that the bank violated the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691Í (1994) (ECOA), and G. L. c. 93A, by requiring her signature on the note. The judge granted summary judgment for the bank, finding that the defendant lacked standing to seek redress under ECOA. We affirm in part and remand in part for further proceedings.

I

The Superior Court judge found the following facts. In 1983, Henry J.…