This endorsement addresses multiple motions concerning mortgage enforcement and possession of a matrimonial home.
The Defendant and a non-party spouse sought to set aside a writ of possession and summary judgment, and for an accounting.
The Plaintiff cross-moved for leave to re-issue a writ of possession.
The court found the existing writ of possession had expired, but granted the Plaintiff leave to issue a fresh writ, subject to a 75-day delay to allow the non-party spouse to redeem, as she was not properly notified of the original motion for the writ.
The court dismissed the motion to set aside the summary judgment and the claim for an accounting, and ordered the Plaintiff to provide a mortgage discharge statement.
