Martin F. Mahlstedt

The plaintiffs sought costs on a substantial or partial indemnity basis after obtaining a judgment for $11,826.98 in a mortgage dispute.

The court declined to award costs to either party.

The court found that the plaintiffs had grossly overreached by demanding almost four times their entitlement before agreeing to discharge the mortgage, while the defendant had maintained an unreasonable position regarding the interest rate, rendering the matter virtually unsettleable.

The plaintiffs brought a motion for summary judgment to determine the amount owing by the defendant on a mortgage.

The court found that the stated interest rate of 0.8% was a typo and the agreed rate was 8%.

The court disallowed the plaintiffs' claims for a lender's fee, an automatic renewal fee, and administrative fees, finding the renewal fee to be a penalty and the others unsupported by evidence.

The court also found the plaintiffs had received a payment of $86,184.68, contrary to their assertions.

The defendant was ordered to pay the remaining balance of $11,826.98, and the plaintiffs were denied their pre-litigation legal fees.