The defendants moved to set aside a default judgment obtained by the plaintiff in a mortgage dispute involving the sale of a property and alleged construction deficiencies.
The court considered whether to release funds from the sale, vacate a writ of execution, set aside the default judgment, consolidate proceedings, and set a timetable for summary judgment.
Applying the established five-factor test, the court found the motion to set aside the default judgment was not brought promptly, lacked a plausible explanation for the default, and that the balance of prejudice and the integrity of the administration of justice weighed against granting the relief.
The motion was dismissed, but the court ordered the release of certain funds and vacated the writ of execution on consent.
No costs were awarded to either party.
