Alderman v. Davidson

Plaintiff brought this action to foreclose a trust deed that she holds on property in Lake County. She sought foreclosure on either of two grounds: that defendant Christine Davidson (defendant) 1 was delinquent in her payments and that she had failed to pay the taxes on the property. Defendant asserted that plaintiff had waived the time of the essence clause of the trust deed, and thus the right to accelerate the balance, by accepting late payments of principal and interest. Defendant also counterclaimed for trespass based on plaintiff’s one-time entry onto the land before she filed the…