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Home / Courts / Real Property – Assessments – Liquidated Debt – Partial Payment — ‘Full Payment’ on Memo Line – No Accord & Satisfaction (access required)

Real Property – Assessments – Liquidated Debt – Partial Payment — ‘Full Payment’ on Memo Line – No Accord & Satisfaction (access required)

In re Foreclosure by Five Oaks Recreational Association, Inc. Respondent had not communicated with petitioner at all, much less disputed the amount he owed, before he dropped off a check for less than the full amount at petitioner’s lawyer’s office. Even though respondent purportedly wrote (illegibly) “full payment” on the memo line, petitioner’s cashing of the check did not constitute an accord and satisfaction.

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