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Does A Recent Supreme Court Decision Provide A Defense For Banks Against The “Triple Whammy?”

LexisNexis (July 5, 2018, 2:16 PM EDT) -- On numerous occasions in this newsletter, we have warned secured lenders of what we call the “triple whammy.” This is consumer protection on steroids. Many secured lenders are totally taken by surprise when they seek to foreclose and draw a counterclaim for huge damages in a consumer class action.

Elements of the triple whammy. The first element of the triple whammy is a technical violation of the enforcement rules of Article 9. Perhaps the best example is the requirement, in the consumer lender’s pre-disposition notice of...
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