Colby v. Tobba, Inc

This action arises from defendant’s default on a land contract. Defendant is appealing as of right from the order of confirmation of the foreclosure sale of the property. On appeal defendant argues that plaintiffs’ acceptance of payments by a court-appointed receiver constituted a waiver of the initial foreclosure and that it is entitled to credit for all payments made during the forefeiture period. We find defendant’s arguments to be without merit and affirm the trial court.

Defendant argues that acceptance of payments from the court-appointed receiver waived the foreclosure and reinstated…