Walther v. Sovereign Bank

CATHELL, Judge.

This case involves the enforceability of an arbitration agreement entered into as part of a second mortgage loan contract between David and Tamera Walther, petitioners, and Sover*417eign Bank, the assignee of the loan contract and respondent in the case at bar.

Petitioners present two questions for our review, which we rephrase for the sake of clarity as follows:

I. Is an arbitration clause contained in a “Direct Loan Note & Truth in Lending Disclosures” agreement between petitioner and a lender unconscionable and therefore unenforceable?

II. Did respondent waive the arbitration…