Home Foreclosures: 17.4.8.2 Unconscionability
The doctrine of unconscionability can be useful in attacking foreclosure rescue agreements, especially when the remedies under a state statute are not adequate or the transaction is not covered by the UDAP statute. The remedy for unconscionability is usually limited to a defense against the enforcement of the unconscionable contract or terms and does not normally include restitution or the tort damages available for a fraud claim.