The plaintiff mortgagee sought to take possession of the mortgaged property through self-help after the defendants defaulted on the mortgage.
The defendants brought a motion for a mandatory order restoring possession, arguing the plaintiff did not take possession peaceably.
The court found that while the property was not fully resided in, it was not abandoned, and the plaintiff should have given the defendants time to remove their possessions.
The court granted the defendants 30 days to vacate the property, after which the plaintiff is entitled to take physical possession.