The plaintiffs moved for leave to issue a Certificate of Pending Litigation (CPL) against a mortgage held by the defendant on a property sold to a third party.
The plaintiffs alleged that the defendant was overpaid upon the discharge of prior mortgages and claimed a trust interest in the new mortgage.
The court dismissed the motion, finding that while a claim to a mortgage may constitute an interest in land, the equities weighed heavily against granting a CPL due to the plaintiffs' significant delay, prior acknowledgments of the debt, and inability to satisfy a potential damages award.
