Alberta Simpson purchased a home in a gated community with a swimming pool. Because of the loss of her job, Alberta was unable to make her payments. Unable to sell the home, Alberta walked away from the home and her mortgage. The bank has taken over possession of the home. However, the bank has not arranged for maintenance of the property. The swimming pool has become a breeding ground for mosquitoes and the county has had to post a warning notice on the front door for the neighbors to stay away from the property because of the risk for contracting the Nile virus from the mosquitoes. Which of the following statements is correct?
A) The bank is not liable for the damages caused by the pool and mosquitoes.
B) Alberta is not liable for the damages caused by the pool and mosquitoes if she has signed over title to the bank.
C) The problem of the mosquitoes does not rise to the level of being a nuisance.
D) There is not a remedy for nuisances on private property.
Question 2
In 1976 the FTC adopted a rule that expands the rights of a holder in due course in a consumer credit transaction.
Indicate whether the statement is true or false
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