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Default and Termination


meanbean
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If an agreement was improperly executed due to missing prescribed terms, could it be argued post default & termination, that a creditor could not have defaulted and/or terminated due to the unenforceability of the original agreement?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

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I am sure you could claim the default was unlawful as the agreement that was defaulted did not exist. However, I have philosophical difficulties with the possiblity of terminating an agreement that did not exist in the first place :D

 

 

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