Home Savings, Am., F.A. v. Chiapetta, No. Cv 92 0125798 S (Jan. 12, 1993)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION ON MOTION TO STRIKE In this action to foreclose a mortgage, the plaintiff has moved to strike a special defense.

In response to a motion for disclosure of defense, the defendants had disclosed their claims:

"1. That defendants tendered full and reasonable payment of the debt to plaintiff through offer of a deed rendering plaintiff's title absolute at a time when the fair value of the property was in excess of the debt.

2. That plaintiff's refusal to accept payment by deed and its subsequent delay…