Bruce J. Bergman The Importance of the Voluntary Payment Doctrine in Foreclosures
In his Mortgage Foreclosure column, Bruce Bergman offers some basics on the subject of the voluntary payment doctrine which provides in short that when a sum is paid with full knowledge of the facts, and without protest, it is deemed voluntary and no later attack on the payment can succeed.
January 03, 2023 at 12:25 PM
5 minute read
It should be apparent that when a mortgage default is encountered, particularly when that leads to a mortgage foreclosure action, the borrower is rarely cheerful about satisfying the debt. This is particularly so where additional charges beyond principal and interest accrue—especially legal fees, although default interest, late charges and sundry protective advances can be prickly points of contention.
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