The defendant brought an urgent motion to set aside a default judgment and the noting in default in a mortgage enforcement action, and sought a stay of a writ of possession after the sheriff had already executed the writ and removed the family from the property.
The moving party asserted that funds would shortly become available from a third party to pay out the mortgage and requested a brief stay.
The court found there was insufficient evidence that the promised funds would be advanced and noted the moving party had known about the order for weeks without taking appropriate procedural steps.
The court emphasized the diligence of the mortgagee and the protections afforded to mortgagees in enforcement proceedings.
The requested stay was refused and the writ of possession remained operative, subject to a limited opportunity to repurchase the property upon immediate payment.
