The plaintiffs, parents of the defendant, sought summary judgment to remove the defendant's name from the title of a condominium property they held as joint tenants.
The defendant claimed the property was purchased as an investment through a loan agreement that constituted a disguised mortgage, and that the plaintiffs' action was statute-barred.
The court found the loan agreement was not a disguised mortgage and that the defendant had agreed in writing in 2004 to relinquish her interest in exchange for $91,000 USD, which she received.
The court held the defendant breached the contract by refusing to transfer title, and granted summary judgment ordering the removal of her name from the title.
