Price v. First Federal Savings Bank

HOWERTON, Judge.

Lois A. Price appeals from a judgment of the Hardin Circuit Court finding her indebted to First Federal Savings Bank for $54,196.19 plus interest from December 23, 1986. The debt was based on a note, and the note was secured by a real estate mortgage on property in Elizabethtown. The property was ordered to be sold to satisfy the debt. Price argues that the bank established a pattern of accepting late payments over the course of this loan which constituted a waiver or estoppel of its right to exercise the acceleration provision of the mortgage. We find this argument to be…