The Plaintiff, Elizabeth Samuel, brought a motion for a Certificate of Pending Litigation (CPL) against a property she had previously transferred to the Defendant, Omotayo Ore Muti, which was subsequently mortgaged to Wolfson Law Professional Corporation.
The Plaintiff sought to enforce an agreement to repurchase the property.
The court granted the CPL, finding a triable issue regarding the Plaintiff's interest in the land and that the equities favored registration, despite concerns about the Plaintiff's diligence and compliance with prior orders.
The court also expressed concerns about the non-arms-length nature of the mortgage transaction between the Defendant and his former lawyers, Wolfson Law.
