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CitiMortgage, Inc. v. Swift

Superior Court of Delaware, Sussex

April 2, 2015

CitiMortgage, Inc.
v.
Carolyn Swift a/k/a Carolyn L. Swift

Daniel T. Conway, Esquire Atlantic Law Group, LLC

Dear Counsel:

The Motion for Summary Judgment filed by Plaintiff is denied. Material facts are disputed, and judgment may not be entered as a matter of law.

Plaintiff seeks entry of an order granting summary judgment; however, material factual matters in dispute are apparent upon review of the record. "[S]ummary judgment may not be granted when the record indicates a material fact is in dispute or if it seems desirable to inquire more thoroughly into the facts in order to clarify the application of law to the circumstances."[1] When considering the facts in the light most favorable to the non-moving party, [2] there are details set forth in the answer, accompanying affidavits, and documents illustrating genuine issues of material fact regarding an alleged deed in lieu of foreclosure.[3]

Plaintiff contends Defendant's bankruptcy proceedings may not protect Plaintiff from an in rem action[4] such as the present scire facias action.[5] Even if this is correct, questions may arise concerning whether a deed in lieu of foreclosure was accepted by Plaintiff and whether adequate notice was provided regarding Plaintiff's alleged rejection of a deed in lieu of foreclosure. These contested issues present genuine factual disputes and prevent this Court from entering an order granting summary judgment.[6]

At this juncture, further inquiry is required and this case may not be summarily resolved. For the foregoing reasons, Plaintiff's Motion for Summary Judgment is DENIED.

IT IS SO ORDERED

Very Truly Yours,

Richard F. Stokes, Judge


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