Legal Question in Credit and Debt Law in Georgia

Enforcing an unsigned contract

A retail installment contract was never executed by the seller, then sold numerous times to various finance houses, the latest of whom is now trying to foreclose, even though my total payments to date are greater than what was required under the initial agreement, though in arrears. There is no prepayment penalty, nor anything saying that they are entitled to offset payments in advance, against principal and then foreclose when I am in arrears.


Asked on 7/12/05, 3:04 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Enforcing an unsigned contract

The fact that the contract was not signed by the seller will probably me immaterial is they are trying to enforce its terms against you as the buyer. I would have to review the contract to give you a complete answer because the terms of the contract would apply.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 7/12/05, 7:26 pm


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