This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves a dispute between Kathleen MacGregor (the Borrower) and Your Credit, Inc. (the Lender) over a loan default. The Borrower challenged the district court's ruling in favor of the Lender, which sought judgment based on the Borrower's default on the loan terms.
Procedural History
- District Court of Valencia County, James Lawrence Sanchez, District Judge: Ruled in favor of the Lender, granting judgment based on the Borrower's loan default.
Parties' Submissions
- Borrower: Argued that the district court erred in ruling in favor of the Lender regarding the loan default.
- Lender: [Not applicable or not found]
Legal Issues
- Whether the district court erred in ruling that the Lender is entitled to judgment in its favor based on the Borrower's loan default.
Disposition
- The judgment against the Borrower was reversed, and the case was remanded to the district court with instructions for the Lender to reimburse the Borrower all the money she paid minus the principal plus a 15 percent default interest rate.
Reasons
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Per MICHAEL E. VIGIL, Chief Judge (TIMOTHY L. GARCIA, Judge, J. MILES HANISEE, Judge concurring): The appellate court reversed the district court's judgment against the Borrower based on the principles outlined in B & B Investment Group, requiring restitution for unconscionable trade practices. The appellate court found that the Borrower should be reimbursed all money paid to the Lender in excess of the principal plus a 15 percent default interest rate, aligning with the precedent for addressing unconscionable trade practices (para 2).
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