The plaintiff brought a motion to enforce Minutes of Settlement after the defendant failed to pay the required interest on the settlement amount.
The settlement included a provision that failure to cure a default within 10 days would result in a consent judgment for the full original lien claim of $611,061.10, less any principal paid.
The defendant argued for relief from forfeiture, claiming the penalty was unconscionable.
The court rejected this argument, finding the consent judgment was not disproportionate to the original claim and that the defendant had not been taken advantage of.
The motion was granted, and judgment was ordered for the net amount of $286,061.10.