First Federal Savings & Loan Ass'n v. Ram

OPINION

BIRDSALL, Judge.

This is an appeal by the defendants/appellants Walter and Katherine Ram (the Rams) from a summary judgment in a mortgage foreclosure action in favor of the plaintiff/appellee Catalina Savings and Loan Association (Catalina) and the cross-claimant/appellee First Federal Savings and Loan Association of Phoenix (First Federal). We affirm.

The issues raised on appeal are as follows:

1. Does the acceptance by a mortgagee of late payments constitute a waiver of the right to timely performance and require notice reinstating time-is-of-the-essence pri- or to filing a foreclosure…