Hill v. Filsoof

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming dismissal of borrower’s action to set aside wrongful foreclosure because he failed to tender the requisite payment of the debt owed under the note secured by the property
• affirming dismissal of wrongful foreclosure counterclaim because the claimant “admittedly owed the principal amount of the note . . . [and] did not [unconditionally] make the payment or tender under the note required for him to seek the equitable remedy of setting aside the foreclosure”
• borrower not entitled to set aside foreclosure sale because he did not tender payment of the debt owed under the note secured by the collateral property
• “Neither fraud nor poverty constitute an equitable excuse for failure to tender.”
• where borrower made no proper tender and lender’s responses to borrower’s conditional tender did not show a proper tender would have been a useless formality, trial court properly granted lender’s motion to dismiss borrower’s claim to set aside the foreclosure sale

Source: CourtListener parenthetical corpus (CC0).