The applicant, Mohammed Mazbah Uddin Bhuiyan, sought a Certificate of Pending Litigation (CPL) after the respondent, Marissa Gonzales, refused to close a real estate transaction due to insufficient funds to discharge existing mortgages.
The court found that the applicant did not meet the low threshold for a CPL, as the unique features cited related to location rather than the property itself, and the rights of the mortgagee (MCC Mortgage Holdings Inc.)—which had already obtained judgment and a writ of possession—outweighed those of the applicant.
The motion for a CPL was dismissed.
