Key Facts:
- Mary and Edward Soltis entered a "life lease" for a unit at Citadel Village East, a retirement complex, with an upfront payment of $403,500 (the “Entrance Fee”) treated as a loan to Devonshire.
- Upon the lease termination (due to Mary’s death in 2022), repayment of this amount was delayed as more than 6% of residents had also given termination notices.
- Mary’s estate was placed first in the payout queue.
Plaintiff's Claims:
- Seeks a partial summary judgment for $372,495 (remaining amount of the Entrance Fee).
- Requests assignment of the mortgage securing the Entrance Fee repayment to the plaintiff.
Court's Decision:
- Partial Summary Judgment Granted:
- Judge ruled that Devonshire must pay the remaining amount ($372,495) plus interest, as the requirements for repayment were met when the unit was re-leased in November 2022.
- The court denied holding Citadel jointly liable for this payment.
- Mortgage Transfer Request Denied:
- The Loan Agreement only allowed the plaintiff to request a mortgage transfer, which Devonshire was not obligated to grant.
Outcome: Partial judgment in favor of the plaintiff; costs and specific amounts subject to further hearing if disputed
