Home Foreclosures: 7.13 Unconscionability
The common law contract defense of unconscionability may be applied to stop a foreclosure when either the mortgage terms are unreasonably favorable to the lender or other aspects of the transaction render it unconscionable.217 The doctrine of unconscionability is embodied in common law as well as Article 2 of the Uniform Commercial Code and some non-UCC state statutes.218 In addition, a number of state UDAP statutes prohibit unconscionability in the transactions that fall within their scope.