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Sunday, 13 October 2013

Federal Limits on HDC Rights

Federal Limits on HDC Rights
FTC Rule 433 (1976) abolished the HDC doctrine in consumer credit transactions.
§ Allows Buyer to assert any defense she might have against the Seller of goods or services (Car Dealer), against the subsequent HDC (Bank) as well.
§ So Buyer’s duty to pay is conditional on Seller’s full performance under contract.
Discharge
Discharge from liability on an instrument can occur by:
§ Payment.
§ Cancellation or Surrender.
§ Reacquisition.
§ Impairment of Recourse.

§ Impairment of Collateral.

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