Miller v. Jones

PREWITT, Presiding Judge.

The trial court permanently enjoined defendants from foreclosing a deed of trust securing the payment of a note on which the plaintiffs were alleged to have defaulted.1 A payment was due August 10, 1980. Defendants contend that the trial court erred in finding that plaintiffs’ tender of payment on August 12,1980, was sufficient to prevent the foreclosure.

Defendants claim that the tender was not timely or in a sufficient amount. Plaintiffs contend that the tender was timely because the previous payment was accepted fourteen days after it was due and that defendants…