UDAP

This is a model answer and counterclaims to an automobile creditor's deficiency action. Defenses include commercially unreasonable sale, a state statute limiting deficiencies, the absence of valid default and acceleration, strict foreclosure, violation of right to cure, and inaccurate calculation of the deficiency.  Counterclaims include conversion because of a defective security interest and failure to provide a right to cure, improper retention of personal property left in the car, breach of the peace in the repossession, various violations of UCC Art.

This is an answer and counterclaim by a manufactured home purchaser against a manufactured home dealer and employee, which had brought an action against the purchaser to repossess the home and for the balance of the price.  The pleading alleges that the set-up for the manufactured home, a double-wide, was not completed and that the home was uninhabitable. It alleges counterclaims for breach of contract, negligence, breach of express and implied warranties, fraud in the inducement, and unfair and deceptive trade practices.