Bouldin v. Turek

OPINION

HAIRE, Presiding Judge.

The only issue raised in this appeal is whether the sellers’ right to forfeit the buyer’s interest under an agreement for the sale of real property was waived by reason of a mortgagee’s acceptance of mortgage payments.

The buyer (appellant) filed an action to set aside a completed forfeiture of his interest in the subject real property. After discovery, cross motions for summary judgment were filed, and the trial court granted judgment in favor of the sellers, in effect upholding the validity of the forfeiture proceedings. On appeal the buyer, admitting that there…