The defendants brought a motion to dismiss the plaintiffs' action as frivolous and vexatious under Rule 21.01(3)(d) and for summary judgment on the basis that the claims were statute-barred.
The plaintiffs' claims related to five mortgages discharged by 2006, alleging fraud, breach of contract, and unjust enrichment.
The court declined to dismiss the action as frivolous on the pleadings alone but granted summary judgment.
The court found that the plaintiffs discovered their claims by May 2006, making the action, commenced in 2018, statute-barred under both the two-year general limitation period and the ten-year real property limitation period.
