CORDOVA V. World Funds CORP. From NM
Barnett Firm, P.A., Mickey D. Barnett, Phillip W. Cheves, David A. Garcia, Amy B. Bailey, Albuquerque, NM, Wolf and Fox, P.C., Amy B. Bailey, Albuquerque, NM, getting Petitioner.
Which part should maybe not constitute good waiver away from Lender’s liberties after that to seek specific enforcement of its rights below so it Agreement inside the the function Debtor shall insist good counterclaim otherwise best from setoff such judicial or low-official step
Feferman & Warren, Richard Letter. Feferman, Robert Dale Treinen, Albuquerque, NM, Social Justice, P.C., F. Paul Terrifically boring, Jr., Arizona, D.C., for Respondent.
Doerr & Knudson, P.A., Randy J online payday OH. Knudson, Portales, NM, AARP Base, Deborah Yards. Zuckerman, Arizona, D.C., to own Amicus Curiae AARP.
Gary K. Queen, Attorney Standard, David K. Thomson, Secretary Attorneys General, Scott Fuqua, Assistant Attorneys General, Santa Fe, NM, to own Amicus Curiae Office of Lawyer General.
CHARLES W. DANIELS, Justice We Agree: EDWARD L. CH?VEZ, Captain Fairness, PATRICIO Yards. SERNA, Fairness, PETRA JIMENEZ MAES, Justice, RICHARD C. BOSSON, Fairness.
<1>This case requires us to review the validity of a small loan company’s form arbitration provision that would limit a borrower to mandatory arbitration as a forum to settle all disputes whatsoever, while reserving for the lender the exclusive option of access to the courts for all remedies the lender is most likely to pursue against a borrower. We hold that such an inherently one-sided agreement is against New Mexico public policy and is therefore void as unconscionable.
<2>Defendant World Finance Corporation of New Mexico (World Finance) specializes in small loans at over 100% annual interest rates. Over the course of several years, Plaintiff Laura Cordova (Cordova) signed ten separate loan agreements with World Finance that grew out of just two original loans. (more…)
