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Federal Court Concludes Copy of Check Is Not Tender of Amount Owed on Note

August 4, 2014

John Bunyan won dismissal of a lawsuit filed against a law firm retained to conduct a foreclosure sale. The plaintiff-borrower mailed a copy of a certified check to his lender for the amount owed on his note and alleged that the failure to accept this tender canceled the security deed on his property. The U.S. District Court for the Northern District of Georgia rejected this argument, concluding that providing a copy of a check does not constitute the production of funds required to make a tender and that the plaintiff’s security deed was still effective.

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