Lussier v. Truax

Defendants appeal from partial summary judgment entitling plaintiffs to posses sion of premises occupied by defendants as tenants. Defendants sought to avoid eviction by claiming that the parties’ most recent agreement was a financing arrangement requiring plaintiffs to proceed by foreclosure rather than eviction proceedings. On appeal, defendants argue reversal is required because (1) the affidavits and documents they submitted were sufficient to create a genuine issue of material fact — whether the parties’ agreement was a financing arrangement that created a mortgagee-mortgagor…