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No Default Found Where Bank Failed to Deduct Payments

Bank sued homeowner for default of a mortgage. Defendant homeowner claimed that bank failed to deduct the monthly payments automatically as was agreed to between the parties. The court held that because homeowner attempted to make payments, and in fact made some of the payments manually, and that the mortgage payments were at all times available in his account, bank was unable to establish a default. (March 2007)

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