Prevo v. McGinnis

OPINION

BIRDSALL, Chief Judge.

This appeal arises out of a summary judgment foreclosing a deed of trust. The action was filed when the appellant failed to make a payment of principal and interest due on the note secured by the deed. The payment was due on September 15, 1983 in the total amount of $238,531. The payment was to be made to the collection agent Lawyers Title of Arizona who notified the appellant, Lew McGinnis, in writing mailed July 14,1983, of the amount due and that a cashier’s check would be required for payment. On the due date, the appellant delivered a cashier’s check for the…