Taylor, Bean & Whitaker Mortgage Corp. v. Brown

How courts have described this case

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

• noting that because the mortgagor admitted to the court that she had not paid her promissory note, she was not entitled to equitable relief
• explaining common practice by which borrower names a third party, Mortgage Electronic Registration System or “MERS,” as grantee in deed to secure debt
• “Failure to make the proper loan payments or tender the amount due defeats any claim for wrongful foreclosure.”
• “[B]ecause the debt that the conveyance was made to secure has not been fully paid, [the appellee] was not entitled to cancellation of the security deed.”
• “[E]quity will not decree the cancellation of an instrument where anything of value has been received until repayment is either made or tendered, or the defendant has stated that, should a tender be made, it would be refused.”
• “[E]quity will not decree the cancellation of an instrument where anything of value has been received until repayment is either made or tendered, or the defendant has stated that, should a tender be made, it would be refused.”

Source: CourtListener parenthetical corpus (CC0).