Plaintiff points to First United states’s capacity to deposit the borrowers’ checks when you look at the banking account as evidence that First United states could be the entity actually managing the loans.
First nationwide Bank’s part in analyzing loan requests, delivering the approved loan requests, funding the loans, and accepting the mortgage profits constitutes enough interstate business to fulfill this is of “involving commerce” in the concept of 9 U.S.C. В§В§ 1,2. See Staples v. Money Tree Inc., 936 F. Supp. 856, 858 (M.D.Ala.1996).
The FAA makes valid any “written agreement to arbitrate a dispute arising *1374 out of the deal involving interstate commerce, save upon such grounds as occur at law or in equity for the revocation of a agreement.” Bess, 294 F.3d at 1304. But, their state legislation must affect agreements generally speaking and never arbitrations particularly. Id. at 1306. right right Here, the Plaintiff contends that the arbitration agreement and clause are unenforceable since 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. Continue reading “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.”