Contracts – Notice of Default 

Posted: 1:00 am Mon, March 22, 2010
By admin
Tags: Contracts

Where the parties’ loan agreement provided that a notice of default would be effective “if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid”; and the lender gave notice of default by depositing in the United States mail, first class, letters to the borrower at the address stated on the loan documents; we conclude that the District Court did not err in granting summary judgment for the lender because the unambiguous language of the agreement allowed the lender to provide notice by depositing the notice in the mail as first class, and the lender followed that procedure in notifying the borrower of its default.

Affirmed.