Coppage v. Mellon Bank

Bell, Chief Judge.

Plaintiff brought this suit to foreclose a security interest in defendant’s mobile home. Plaintiff alleged that defendant was in default on a retail installment contract for the mobile home and that recovery was sought for the entire unpaid balance which was accelerated pursuant to the contract’s acceleration clause. Defendant answered and asserted numerous defenses, one of which was a denial that he was in default or indebted to plaintiff in any amount. Thereafter, plaintiff under Code § 67-705, moved for an order requiring defendant to pay into the registry of the court…