The plaintiff, Flexpark Inc., moved for summary judgment to enforce a matured second mortgage and obtain possession of the defendant's property.
The defendant opposed the motion, claiming the mortgage was unconscionable under the Unconscionable Transactions Relief Act and that she had been subjected to duress and undue influence.
The court found no genuine issue for trial regarding unconscionability or duress, noting the defendant was an experienced borrower represented by independent counsel.
However, the court disallowed a lender's fee of $18,750 due to the lack of a prior agreement, reducing the principal owing to $356,250.
Ultimately, the court granted summary judgment for the reduced principal amount plus interest and costs, and declared the plaintiff entitled to possession.
