Scribd Logo
Carica

Benvenuto in Scribd!

  • Tender Extinguishes Lien and Precludes Foreclosure Even if Rejected

    Caricato da

    MikeDouglas
    62 visualizzazioni1 pagina
    A tender of the proper amount owed, even if rejected, can extinguish a lien and prevent foreclosure. According to the document, courts have held that a tender only needs to include the principal amount, not interest, if the note charges a usurious interest rate that the creditor is not legally entitled to receive. In those cases, a tender of just the principal is sufficient to preclude foreclosure.

    Descrizione originale:

    4 03 07 Law PayingCourtFees

    Titolo originale

    4 03 07 Law PayingCourtFees

    Copyright

    © © All Rights Reserved

    Formati disponibili

    DOCX, PDF, TXT o leggi online da Scribd

    Hai trovato utile questo documento?

    Questo contenuto è inappropriato?

    Segnala questo documento
    A tender of the proper amount owed, even if rejected, can extinguish a lien and prevent foreclosure. According to the document, courts have held that a tender only needs to include the principal amount, not interest, if the note charges a usurious interest rate that the creditor is not legally entitled to receive. In those cases, a tender of just the principal is sufficient to preclude foreclosure.

    Copyright:

    © All Rights Reserved
    Scarica in formato DOCX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    62 visualizzazioni1 pagina

    Tender Extinguishes Lien and Precludes Foreclosure Even if Rejected

    Caricato da

    MikeDouglas
    A tender of the proper amount owed, even if rejected, can extinguish a lien and prevent foreclosure. According to the document, courts have held that a tender only needs to include the principal amount, not interest, if the note charges a usurious interest rate that the creditor is not legally entitled to receive. In those cases, a tender of just the principal is sufficient to preclude foreclosure.

    Copyright:

    © All Rights Reserved
    Scarica in formato DOCX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    di 1

    A tender of the proper amount due, even if rejected,

    extinguishes the lien and precludes foreclosure* ( See, e.g. Winnett v.


    Roberts, supra, 179 Cal App.3d 909, 902; Lichtv v. Whitney, supra, 80 Cal. App.2d 696,
    701; see also Code Civ. Proc. SS 2074.) In Winnett the court held that a
    tender of the principal amount without interest was sufficient
    because the note was usurious and the creditor was not
    entitled to receive interest.

    Potrebbero piacerti anche