The non-parties, who occupied the subject property, brought an urgent motion to stay the enforcement of a Writ of Possession and Notice to Vacate obtained by the plaintiff mortgagee against the defendant mortgagor.
The non-parties relied on Rule 21.01(3) of the Rules of Civil Procedure.
The Superior Court of Justice dismissed the motion, finding that the non-parties lacked standing to rely on Rule 21.01(3) as they were not defendants in the mortgage action.
The court also declined to set aside the order granting the Writ of Possession, noting the request was not properly before the court and constituted an impermissible collateral attack.
