Which of the Following Was the Result in Radford V

question 34

Multiple Choice

Which of the following was the result in Radford v.Wells Fargo Bank,the case in the text in which the plaintiff sued claiming that a mortgage loan was a defective product?

• A) The court allowed the case to proceed on the basis that a loan is a product.
• B) The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged that he was in mortgage foreclosure, a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
• C) The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged usury, a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
• D) The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged that he was in bankruptcy, a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
• E) Recognizing that product liability focuses on tangible items, the court ruled that a loan is not a product for purposes of product liability law.

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Definitions:

Fraudulent Transfers

Transactions made with the intention of evading creditors by moving assets out of their reach.

Bankruptcy Trustee

An individual appointed by a bankruptcy court to oversee and administer a debtor's estate during the bankruptcy process.

Filing

The act of officially submitting documents or records to a court or administrative agency.

Preferential Payment

A payment made to a creditor before a bankruptcy filing that is considered unfair to other creditors.