Joseph McKenna

“ The obligation of a contract cannot be impaired by a law passed after the contract was entered into, and the remedy for enforcement of the contract may be so far a part of it as to be within the principle that protects it. ”

“ It is recognized that the Legislature may modify or change existing remedies or prescribe new modes of procedure without impairing the obligation of contracts if a substantial or efficacious remedy remains or is given, by means of which a party can enforce his rights under the contract. ”

“ The first is the reliance of defendant in error; the second, of plaintiff in error. Our inquiry, therefore, is: Which determines the case at bar?
The statute, in execution of the purpose of the state, enjoins a duty upon the mortgagee, the effect of the nonperformance of which the mortgagor may avail of. In other words, the duty not performed, the attempt at foreclosure is null and void, and necessarily, therefore, it is no impediment to redemption of the mortgage by the mortgagor. ”