Issue: Lisozzi sought an order for Montana to provide a full accounting of its Power of Sale transaction, including documentary proof of deductions and proper residual fund payments.

Key Points:

1. Accounting Request:

   • Montana consented to an order for accounting but cross-moved for $50,000 security for costs under Rule 56.09 of the Rules of Civil Procedure.
   • Montana argued that:
     • Lisozzi was impecunious.
     • The case might not be resolved for years, risking dissipation of funds.
     • Lisozzi's position was frivolous and vexatious.
     • Mortgage terms allowed Montana substantial indemnity costs.

2. Power of Sale and Claims:

   • Lisozzi defaulted on a $550,000 mortgage; Montana sold the property under Power of Sale.
   • Lisozzi alleged an improvident sale and sought surplus proceeds withheld by Montana.

3. Court Findings:

   • No evidence supported Montana's claim of fund dissipation risk.
   • Lisozzi was not found impecunious despite financial challenges.
   • Security for costs was deemed unreasonable and unrelated to the accounting request.
   • Accounting was vital to assess Montana’s deductions and surplus entitlement.

4. Outcome:

   • The court granted Lisozzi's request for an order for accounting.
   • Montana's request for security for costs was denied.
   • Costs of $13,000 were awarded to Lisozzi on a partial indemnity basis.