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Mrs Lopez Signed a Loan Guarantee Agreement with a Bank

Question 38

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Mrs Lopez signed a loan guarantee agreement with a bank that gave her share of the family home as security for a loan to her husband's company.She is not involved in her husband's business and does not know much about it or the agreement she has signed.Mrs Lopez was reluctant to sign but agreed after Mr Lopez insisted and assured her that the family home could never be sold up.Mr Lopez's business has gone into liquidation.Which of the following reasons could indicate that the mortgage contract could be unconscionable?


A) The interest rate on the loan was significantly above the market rate.
B) Mrs Lopez would be forced into bankruptcy if the house was sold up.
C) The bank did not ensure that Mrs Lopez received competent and independent legal advice.
D) The bank wrongly believed that Mrs Lopez was a capable professional who had run her own business.

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