Nature of the Application:

• Albrecht sought to have a mortgage enforcement declared statute-barred and the mortgage discharged from her Norfolk property’s title.

Key Facts:

• On March 7, 2011, Albrecht granted a second mortgage to the respondent for $43,000, due on March 4, 2012.
• The mortgage defaulted in July 2011, and no payments were made afterward.
• The respondent sold another property under the same mortgage in early 2012 but took no further action until 2023.
• Albrecht declared bankruptcy in August 2012, listing the respondent as a secured creditor.

Applicant’s Position:

• Enforcement is barred by the ten-year limitation period under the Real Property Limitations Act (RPLA).
• There was no written acknowledgment extending the limitation period.

Respondent’s Position:

• An oral agreement in 2012 extended the limitation period.
• Relied on promissory estoppel and part performance.

Court’s Analysis and Decision:

1. Limitation Period: Confirmed expired, with no claims made within ten years from the latest start date (August 16, 2012).
2. Statute of Frauds: Any agreement to vary mortgage terms must be in writing.
3. Oral Agreement: No reliable evidence of an agreement extending the limitation period.
4. Promissory Estoppel: No clear promise affecting the legal relationship was made by the applicant.
5. Part Performance: Alleged acts were insufficient to bypass the Statute of Frauds.

Disposition:

• Enforcement of the mortgage is statute-barred, and the mortgage is to be discharged from the Norfolk property’s title.

Costs:

• Parties encouraged to settle costs; submissions due by July 11, 2024.