The plaintiff mortgagee brought a motion for summary judgment seeking payment of a mortgage debt, possession of the mortgaged commercial property, dismissal of the defendants’ counterclaim, and leave to issue a writ of possession.
The defendants sought an adjournment to obtain counsel and additional documentation and argued that the mortgage assignment and notice requirements were defective.
The court held that the defendants failed to produce documentary evidence supporting their claims of mortgage renewal or payments and did not meet their obligation to put their best foot forward on the motion.
The court further found that notice of assignment through a notice of sale satisfied statutory requirements and that the mortgage was clearly in default.
Summary judgment and possession were granted, with issuance of a writ of possession delayed for thirty days to allow occupants to vacate.
