Westbury Properties, Inc. v. Cardillo

ALTENBERND, Judge.

Westbury Properties, Inc. (Westbury) appeals a summary judgment denying foreclosure in its action against Princess Recreation, Inc., and other defendants. The trial court granted summary judgment because it concluded that the obligation secured by Westbury’s mortgage had been satisfied when Westbury purchased the property at an execution sale during the pendency of its foreclosure proceeding. Under the unusual facts presented in this case, we conclude that the trial court should not have entered summary judgment in the foreclosure proceeding. Accordingly, we reverse.

Westbury…