Billingham v. Dornemann

In 1994, Dale Mathias was in arrears on the second and third mortgages on his property. However, neither holder of those mortgages had threatened him with foreclosure. Sometime in December of that year or early 1995, the second *167mortgagee returned a payment made by Mathias to him and informed him that Peter Domemann, doing business as Argo Financial Services (Argo), had purchased the second mortgage. Soon thereafter, Domemann telephoned Mathias and set up a meeting to discuss the possibility of foreclosure and the means by which to avoid it. Mathias met with Domemann and entered into various…