The plaintiff sought summary judgment on a second mortgage after the defendant defaulted.
The defendant admitted the default but argued the mortgage was unconscionable and signed under duress due to high interest rates.
The court found no evidence of unconscionability or duress, noting the defendant was well-educated, had independent legal advice, and negotiated the terms.
Summary judgment was granted for the principal and interest.
However, the court reduced the plaintiff's claimed full indemnity costs from nearly $237,000 to $100,000, finding the requested amount grossly disproportionate and unreasonable for a straightforward summary judgment motion.
