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Summary judgment granted for mortgage enforcement; no breach of duty of honest contractual performance found.
The plaintiff brought a motion for summary judgment to enforce a mortgage claim against the defendants.
The defendants had defaulted on both a first and second mortgage on their property.
The plaintiff, as second mortgagee, bought out the first mortgage to protect its interests.
The defendants argued that the plaintiff breached its duty of honest contractual performance by allegedly misleading them about its intentions regarding the first mortgage.
The court found no genuine issue requiring a trial, rejecting the defendants' bad faith arguments and fixing the outstanding mortgage balance at $2,472,567.91.
