Motion:

• Type: Summary Judgment
• Purpose: Recover mortgage balance, obtain possession of 157 Willow Avenue, and claim interest and costs.
• Outcome: Motion dismissed except for determining the outstanding mortgage amount.

Background:

• The Property had a first mortgage with Community First Credit Union (CFCU) and a second mortgage with The Real Estate Stop Inc.
• Defendant defaulted on the second mortgage, triggering power of sale proceedings.
• Dacian Vladuleasa (Daci) misappropriated $400,000 used to acquire the Property.
• Plaintiff took assignment of the second mortgage, created a Loan Agreement for $172,010.35, and secured a third mortgage for $300,000.

Key Issues and Findings:

1. Mortgage Renewal:
   • The CFCU mortgage renewal did not constitute refinancing and did not make the third mortgage amount due.
2. Share Transfer:
   • Daci's share transfer to Tsokas did not trigger a default under the Loan Agreement.
3. Mortgage Amount:
   • Correct outstanding amount was $148,010.35, not $308,678.07 claimed by plaintiff.

Conclusion:

• Motion for summary judgment dismissed.
• Notice of sale under the third mortgage declared void.

Total Monetary Award/Costs/Damages Granted/Ordered:

• Monetary Award: The court determined that the correct outstanding mortgage amount was $148,010.35, but this does not represent a new monetary award; it is a clarification of the amount due under the mortgage.
• Costs: The court did not specify an amount for costs. The parties were instructed to submit cost submissions if they could not agree on costs within the specified time frame.