The defendant mortgagor brought a motion to set aside a default judgment and stay a writ of possession, while the plaintiff mortgagee brought a cross-motion to determine the amount due under the mortgage following the sale of the property.
The court dismissed the motion to set aside the default judgment due to lack of evidence and delay.
The court determined the outstanding mortgage amount, including interest, penalties, and fees, finding that the defendant's failure to close an earlier sale was not solely attributable to an inaccurate discharge statement provided by the plaintiff.
The plaintiff was awarded the outstanding mortgage balance and costs on a full indemnity basis.
