Case Background:
The plaintiff sought two orders: (1) to vary the upset price of a mortgaged property and (2) to confirm the sale of the property and direct the disbursement of sale proceeds. The defendants defaulted on their obligations under a $205,600 loan agreement secured by a mortgage and guarantees.

Key Legal Issues:
The court considered whether to vary the upset price of the mortgaged property from $199,900 to reflect its fair market value of $160,000 and whether to confirm the sale to a buyer, given the deteriorated condition of the property. The plaintiff argued for these adjustments due to structural defects, asbestos, pigeon infestation, and significant tax arrears.

Court’s Ruling:
The court granted both orders. It approved the reduction of the upset price to $160,000 and confirmed the sale to the buyer. The court accepted that the market value had decreased and that the plaintiff acted reasonably in marketing the property.

Costs and Awards:
The total outstanding amount owed to the plaintiff was $228,907.92, including interest, maintenance, and taxes. The plaintiff agreed to calculate the deficiency judgment based on the original upset price of $199,900, minimizing debtor losses.

The plaintiff was awarded costs, although the specific amount was not detailed.