Middleton v. Hancock
State of Equity Court of Appeal
1599 S.E. 2d 1 (2014)
Relevant factsFree
Fred Middleton (plaintiff) sold a mortgaged strip mall to Herb Hancock (defendant) under a contract stating Hancock "agrees to take over payments on the existing loan," with the deed noting the property remained subject to the mortgage. When Hancock fell behind on payments, Equity Bank demanded Middleton, as the original mortgagor, make the delinquent payments; Middleton did so and sued Hancock to recover those payments, but the trial court dismissed the complaint, and Middleton appealed.
IssueFree
Whether an agreement to take over the payments on an existing loan is equivalent to an express promise to pay them.
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