A proposed purchaser under an agreement of purchase and sale sought leave to intervene in a mortgage enforcement proceeding where the defendants had brought a motion to stay a power of sale and sought relief from forfeiture.
The court considered Rule 13.01 of the Rules of Civil Procedure governing intervention by added parties.
The proposed intervenor demonstrated a real interest in the litigation because the outcome could affect his contractual right to complete the purchase of the property and his submissions would assist the court in assessing issues including fair market value.
The court found that at least one of the disjunctive criteria under Rule 13.01(1) was met and that intervention would not unduly delay or prejudice the proceedings.
Leave to intervene as an added party on the defendants’ motion was granted.
