Samaddar v. Jones & Jones Agency, Inc.

I respectfully dissent. In my view, Sa-maddar made a legal and effective tender to Jones on the morning of December 15 and is therefore entitled to summary judgment.

As the majority correctly observes, "(lf a purchaser makes a good tender after default, but before the vendor has commenced foreclosure proceedings, the purchaser has a valid defense to the action." Dunfee v. Waite, 439 N.E.2d 664, 666 (Ind.Ct.App.1982), trans. denied. Here, Samaddar tendered $11,776.00 to Jones's attorney on the morning of December 15, after the 12:01 am. deadline2 but before Jones initiated foreclosure…