This decision involved an action to foreclose a mortgage on residential property. The court denied the defendant’s motion to dismiss.

In February 2006, defendant “A” agreed to repay $280,000 to the plaintiff’s predecessor in interest and executed a promissory note and, together with “B” executed a mortgage. The borrowers stopped making payments on May 1, 2009. A foreclosure action was commenced on May 7, 2013 (Action #1). Defendant “A” filed an answer, but no other defendants appeared. On June 27, 2022, the court had issued a decision and order determining three motions. The court granted the plaintiff’s motion for summary judgment against “A”, dismissing eight of the nine asserted affirmative defenses.