Wrongful Foreclosure – What is “Tender”

I usually try to stay away from what might appear to be blatant advertising for my firm.  But this is an exception.  And besides, its bragging rather than advertising.

Matt Resnik did a masterful job at the Court of Appeals downtown on Tuesday.  He filed a wrongful foreclosure action for a client to undo a foreclosure.  The bank of course demurred and the court, on the second try, dismissed the case with prejudice.  The court ruled that “tender” means actually paying the bank the entire amount owed as a condition of being permitted to pursue the wrongful foreclosure.  That is clearly not what the code says.  The code says the Plaintiff must – in the complaint – allege “plausible” tender.  The Court of Appeals seemed to agree.  We will find out in a few months.

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