Justice Robert McDonald
Anita Lalji moved to continue the stay of a foreclosure of sale of the subject premises. She was made a party to the action as she was the record owner under a deed from Mankad Lalji Jr. Anita sought the stay in order to complete a short sale of the premises, claiming she entered into a residential contract of sale with purchaser Cotton. She claimed the stay was necessary to permit plaintiff, to whom the mortgage was assigned, to have sufficient time to approve the short sale. Plaintiff alleged Anita was in default, thus lacked standing to pursue the application for a further stay unless the default judgment was vacated. It also claimed Anita’s attempt to secure a short sale was not a defense to the foreclosure action, and did not affect its right to sell the property under the judgment of foreclosure and sale. The court denied Anita’s motion for a further stay, noting it was apparent the contract of sale was not acceptable to plaintiff as it failed to agree to same in over four months, entitling it to proceed with the foreclosure sale. It also agreed that Anita’s attempt to secure a short sale was not a defense to the foreclosure action, and did not affect plaintiff’s rights to sell the property. Thus, Anita’s motion was denied, and the stay was vacated.
