The sale was void for rejection of assessments

  1. Tobin’s $300 check 143 paid the delinquent $275 assessment and $25 late fee due for the quarter ending 9/30/12. See SCA 618. FSR and FSR dba RRFS did not acknowledge this assessment payment and pursued unnecessary, predatory collections by keeping two sets of books.
  2. The rejected $825 tendered by Miles Bauer cured the default of the $825 for the nine months assessments due and payable on 4/1/13. This rejection was sufficient for the court to rule that the sale was invalid as to the super-priority portion of the lien. the court did not consider that there was no sub-priority portion of the lien as only nine months of assessments were then delinquent.
  3. RRFS concealed its rejection of NSM’s 5/28/14 super-priority offer of $1,100 and caused the 5/8/14 sale to MZK Properties to fail.
  4. See SCA 277 and SCA 295 for how RRFS concealed SCA 302. RRFS and NSM both were unjustly enriched by this deceit. Their fraud also enabled Joel Stokes to gain a windfall from an unfair sale.
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