Submitted: February 6, 2015.
Case Closed May 7, 2015.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below -- Superior Court of the State of Delaware in and for New Castle County. C.A. No. N11L-08-086.
Before STRINE, Chief Justice, VALIHURA and VAUGHN, Justices.
James T. Vaughn, Jr., Justice.
This 21st day of April 2015, upon consideration of the briefs of the parties and the Superior Court record, it appears to the Court that
(1) The defendant/appellant, Corrine Shaw, filed this appeal from the Superior Court's order dated September 17, 2014 that summarily dismissed her " motion for relief from judgment" in a mortgage foreclosure action. We find no merit to the appeal. Accordingly, we AFFIRM.
(2) In 2005, Shaw entered into a mortgage agreement with Hamilton National Mortgage Company. The mortgage secured a $325,000.00 loan against Shaw's residential property in Bear, Delaware (hereinafter " the Property" ). Under the terms of the mortgage, Shaw promised to pay the loan in monthly installments. The mortgage also provided that if Shaw defaulted, the mortgage company could require immediate payment in full on the loan secured by the mortgage. In 2006, the mortgage was assigned and the note was transferred to the plaintiff/appellee, Bank of America (" BOA" ).
(3) In September 2009, Shaw stopped making the monthly mortgage payments. Thereafter, Shaw was notified that she was in default and that if the default was not cured, BOA would accelerate the balance due on the loan secured by the mortgage.
(4) In August 2011, BOA filed an in rem scire facias sur mortgage action against Shaw, seeking all sums due under the mortgage. In December 2012, at BOA's request, the matter was transferred to the dormant docket. In July 2013, at BOA's request, the matter was transferred back to the active docket, and BOA filed a motion for judgment. In August 2013, Shaw filed an answer in opposition to the motion, claiming that the mortgage was " void" because BOA was " not the holder in due course of the Original Note."
(5) In September 2013, Shaw filed for Chapter 7 bankruptcy, which effectively stayed the Superior Court action. In 2014, when the stay was lifted, BOA revived its motion for judgment.
(6) The Superior Court Judge assigned to the case referred BOA's motion for judgment to a Commissioner for consideration and disposition. At a hearing held on February 28, 2014, Shaw's son, Levance Richardson (" Richardson" ), asked to appear on behalf of Shaw who, he said, was unable to attend due to illness. Richardson also asked to intervene in the action, contending that Shaw had recently signed a quitclaim deed that purported to assign her interest in the Property to him. When BOA objected, arguing that a quitclaim deed was in violation of the terms of Shaw's mortgage, the Commissioner denied Richardson's request to intervene as a party to the action. As a " courtesy," however, the Commissioner allowed Richardson to participate in the hearing on behalf of Shaw. At the ...