The plaintiff mortgagee brought a summary judgment motion seeking sale of the mortgaged property, possession, and payment of the mortgage debt after default on a third mortgage.
The defendant argued there were triable issues concerning the amount advanced, the purpose of the mortgage, related mortgage transactions, and his alleged inability to understand the transaction due to disability.
Applying the post-Hryniak summary judgment framework under Rule 20, the court found the record sufficient to determine that the mortgage funds were advanced as directed, the mortgage was in default, and the psychiatric report did not support incapacity.
The court also found no evidence supporting the counterclaim for damages tied to another mortgage transaction.
Summary judgment was granted.
