The plaintiff mortgagee brought a motion for summary judgment against the defendant mortgagor following a default on a residential mortgage.
The defendant, who had obtained sole title to the property through family law proceedings, acknowledged the debt but disputed the interest and property management charges incurred by the plaintiff's agent, alleging the agent caused unnecessary damage to the property.
The court granted summary judgment for the principal amount, interest, and an environmental assessment invoice, finding no genuine issue requiring a trial for those amounts.
The court directed a mini-trial for the remaining disputed property management charges and declined to stay enforcement of the judgment pending the defendant's counterclaim for property damage.
