Section 11 Retention of Property by Defendant
| Library | Remedies 2006 |
Section 400.9-623, RSMo Supp. 2005, allows a debtor to tender fulfillment of all presently due and owing obligations, including expenses and attorney fees, in exchange for possession of the collateral. Johnson v. Moore,931 S.W.2d 191, 195 (Mo. App. E.D. 1996) (the law does not require a person who is ready and able to perform their contractual duties to tender their performance when it would be a vain and idle ceremony). The debtor has this right to redeem the collateral only before its sale by the...
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