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Tag Archives: Default

Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

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Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

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Contract – Guaranty – Landlord/Tenant – Commercial Lease – Assignment – Default – Bankruptcy (access required)

Epes v. B.E. Waterhouse, LLC Where both the lease assignment and plaintiff’s guaranty reflect that the assignment would not release plaintiff from liability as guarantor, the trial court correctly granted summary judgment to the defendant-landlords on plaintiff’s request for a declaratory judgment that plaintiff “has no ongoing duties, obligations, or liability of any type to defendants under any agreement or under applicable law.”

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Real Property – Mortgages – Foreclosure – Note Holder – Banks & Banking – Merger – Default – Receivership (access required)

In re Foreclosure of Deed of Trust of Carver Pond I Ltd. Partnership When the holder of respondent’s note merged with Bank of America, Bank of America became the holder of respondent’s note. Furthermore, a receiver is not an agent of either party; therefore, the receiver’s failure to pay the mortgage is not attributable to Bank of America.

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Contract – Promissory Note – Subordination Clause – Payment Suspension – Default (access required)

International Son-Ry’s Enterprises v. B&T Pools, Inc. Even though the defendant-debtors failed to make the payments required by their promissory note in favor of plaintiff, the payments were suspended by a lender with a superior lien on defendants’ property, as provided for in the promissory note’s subordination clause. Therefore, the default provision in the note did not come into play. We affirm summary judgment for defendants on plaintiff’s claim.

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