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Watkins v. Eads

2014 WL 2154901 (2014)

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Watkins v. Eads

Court of Appeals of Kentucky

2014 WL 2154901 (2014)

Facts

Elizabeth Eads (plaintiff) sold a property to Joe Watkins (defendant) pursuant to a land sales contract. The contract contained a forfeiture clause stating that if Watkins defaulted, Eads declared the entire amount due. The clause further stated if Watkins did not pay the amount due within ten days, the contract would terminate, Eads would keep all payments made, and Eads would reap the benefit of all improvements Watkins made on the property. Watkins defaulted on the loan. Eads gave Watkins a ten-day notice as provided in the contract, but Watkins did not pay the full balance. Eads brought suit in the Bourbon Circuit Court seeking an order declaring Watkins forfeited his right to a judicial foreclosure sale based on the terms of the contract. The circuit court granted Eads summary judgment, finding Watkins waived his right to a judicial foreclosure sale. Watkins appealed.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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