Nazzaro v. Dupont

The parties entered into a stipulation for dismissal of the foreclosure action which contained a condition that the defendant pay the 1983 ad valorem taxes on the subject property by June 30, 1984. The defendant tendered payment of the taxes on June 29, 1984. For administrative reasons, however, the tax collector refused to accept payment until July 17, 1984, on which date the defendant paid the taxes in full. The plaintiff sought and obtained a final judgment of foreclosure on the basis of this default with regard to the tax payment. We find that equity requires that a defendant in…