The Plaintiffs (Arkland Homes Inc. et al. and Zhen Kang) brought an action seeking declarations regarding mortgage standing and to set aside property sales.
This decision addresses three interlocutory motions: the Plaintiffs' motion for an injunction to restrain the sale of the Bannatyne Property, Defendant Qiong Huang's motion for possession of 177 Rumsey Road, and the Plaintiffs' cross-motion for a Certificate of Pending Litigation (CPL) on 171 Rumsey Road.
The court granted the Plaintiffs' injunction and CPL motions, finding serious issues to be tried regarding the mortgage defaults, the application of a significant payment, and allegations of bad faith and improper conduct by the Defendants Ming Wei Liu and Yizi Feng, including the hasty sale of properties below market value and an alarming "self-help" attempt to evict occupants.
The court denied Ms. Huang's motion for possession, concluding that whether she was a bona fide purchaser for value was a genuine issue requiring trial.
The court also ordered consolidation and case management for all related litigation.