First Union National Bank v. Cumberland Creek Country Club

McMurray, Presiding Judge.

First Union National Bank (“First Union”) filed an action against Cumberland Creek Country Club (“Cumberland Creek”) and alleged that Cumberland Creek is in default in the repayment of a secured debt. First Union sought to recover on the debt and to foreclose Cumberland Creek’s right to redeem its interest in the collateral. Cumberland Creek answered and admitted that the debt was past due, but defended on the ground that it had cured the default by tendering “partial payment” to First Union. Cumberland Creek counterclaimed and alleged that it had suffered damages as…