The judgment creditor brought a motion for directions regarding enforcement of a writ of seizure and sale and related garnishment proceedings against the judgment debtor.
A mortgagee who was not a party to the action sought an adjournment to permit filing further materials and cross‑examinations, while opposing the judgment creditor’s request that any proceeds of sale of the debtor’s property be paid into court pending determination of mortgage priority issues.
The court found several concerning circumstances surrounding the mortgage assignment, including its timing after registration of the writ and the non‑arm’s‑length relationship between the mortgagor and mortgagee.
To preserve the rights of all parties while related family law, power of sale, and enforcement proceedings continued, the court granted the adjournment but imposed a condition that sale proceeds be paid into court if the property sold.
