Gay v. Cooper

GAFNI, J.,

This is an action for damages for breach of a mortgage agreement. The parties to the.suit ask whether notice to the mortgagee through posting and publication satisfied the due process requirement of reasonable notice. The parties essentially stipulated to the following:(1) On October 5, 1976, plaintiff John Gay, now deceased, purchased two plots of land from defendants Louis and Reba Cooper.1 The Coopers took back a purchase money mortgage from Gay.(2) The mortgage agreement provided that Gay would pay one-twelfth of the real estate taxes due with each monthly payment.2 The record…