Posted On: 07/13/2016 3:24:17 AM
Post# of 15187
"Plaintiff cites cases in this argument in an effort to bolster its illusory position and, thus, spin the facts as the kind, supportive investor, and not the predator it is and for which it has become known. For example, Plaintiff would have this
Court believe that if the Plaintiff were to pay “promptly” it could have avoid the conversion when,this is simply not the case. The prompt payment that the Plaintiff suggests can defeat conversion is actually prepayment of the note which subjects the defendant to high prepayment penalties. There is no action that the defendant can take, other than prepayment which would avoid the conversion. Plaintiff’s own admissions in its opposition show the true nature of the devious agreement."
http://www.andersonkill.com/Publication-Detai...ionID/1287
Substance Over Form
Attempts to disguise interest may put a loan in jeopardy. In order to determine whether a transaction is usurious, courts look not to its form but to its substance or real character.
Court believe that if the Plaintiff were to pay “promptly” it could have avoid the conversion when,this is simply not the case. The prompt payment that the Plaintiff suggests can defeat conversion is actually prepayment of the note which subjects the defendant to high prepayment penalties. There is no action that the defendant can take, other than prepayment which would avoid the conversion. Plaintiff’s own admissions in its opposition show the true nature of the devious agreement."
http://www.andersonkill.com/Publication-Detai...ionID/1287
Substance Over Form
Attempts to disguise interest may put a loan in jeopardy. In order to determine whether a transaction is usurious, courts look not to its form but to its substance or real character.
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