The plaintiff mortgagee brought a motion for summary judgment on several high-interest, short-term mortgages in default.
The defendant mortgagors counterclaimed, alleging they were induced to sign the mortgages based on the plaintiff's oral misrepresentations that it would fund the removal of several executions registered against them.
The court found that determining whether such an agreement existed relied heavily on credibility.
Consequently, the court ordered a mini-trial under Rule 20.04(2.2) to hear viva voce evidence from the key deponents before deciding the summary judgment motion.
