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First American’s capacity to deposit checks in First nationwide Bank’s account will not show that First United states may be the loan provider.

First American’s capacity to deposit checks in First nationwide Bank’s account will not show that First United states may be the loan provider.

Plaintiff points to First United states’s capability to deposit the borrowers’ checks into the banking account as evidence that First United states may be the entity actually managing the loans.

First National Bank’s part in analyzing loan requests, giving the approved loan requests, funding the loans, and accepting the mortgage profits constitutes enough interstate commerce to meet the meaning of “involving commerce” in the concept of 9 U.S.C. §§ 1,2. See Staples v. Money Tree Inc., 936 F. Supp. 856, 858 (M.D.Ala.1996).

The FAA makes legitimate any agreement that is”written arbitrate a dispute arising *1374 out of a deal involving interstate commerce, save upon such grounds as occur at law or in equity when it comes to revocation of a contract.” Bess, 294 F.3d at 1304. Nevertheless, their state legislation must connect with agreements generally speaking rather than arbitrations particularly. Id. at 1306. Here, the Plaintiff contends that the arbitration agreement and clause are unenforceable because it is unconscionable. The enforceability of the arbitration agreement itself, it is an issue for this Court and not an arbitrator since, this contention places in issue. Id.

The court must see whether the agreement is the one that beneath the circumstances, “no man that is sane acting under a delusion would make with no truthful guy would make the most of.” NEC Technologies, Inc. v. Nelson, 267 Ga. 390, 478 S.E.2d 769, 771 (1996). To ascertain if your agreement or even a agreement clause qualifies as unconscionable under this notion, Georgia courts generally divide the appropriate facets into procedural and elements that are substantive.

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