Shaun M. O'Brien

The applicant, Brenda King, brought a motion for relief from forfeiture concerning a property from which she had been evicted.

She sought the opportunity to purchase the property pursuant to an earlier agreement.

The court reviewed the history, including an initial option to purchase, an amending agreement, and a subsequent court order that set a new purchase date.

The applicant failed to provide funds or secure a real estate lawyer by the closing date stipulated in the court order, thereby breaching her obligations.

Applying the three-factor test for relief from forfeiture, the court found that the applicant's conduct constituted a significant breach and, crucially, that she lacked the current financial ability to complete the purchase even if relief were granted.

Consequently, the motion for relief from forfeiture was denied.