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Wilmington Savings Fund Society, FSB v. Gillette

Superior Court of Delaware, Sussex

March 29, 2017

WILMINGTON SAVINGS FUND SOCIETY, FSB, d.b.a CHRISTIANA TRUST, not individually but as Trustee for Ventures Trust, Plaintiff
v.
WENDY GILLETTE, Defendant

          Date Submitted: March 22, 2017

         Upon Plaintiffs Motion for Summary Judgment. Granted.

          Antranig N. Garibian, Esq., Garibian Law Offices, P.C., Attorney for Plaintiff.

          John R. Weaver, Esq., John R. Weaver, P.A., Attorney for Defendant.

          MEMORANDUM OPINION

          STOKES, J.

         I. INTRODUCTION

         This matter is presently before the Court on the motion of the Plaintiff, Wilmington Savings Fund Society, FSB, d.b.a. Christiana Trust, not individually but as Trustee for Ventures Trust ("Plaintiff), for summary judgment. The Defendant, Wendy Gillette ("Defendant"), opposes the Motion. She argues that the Motion should be denied because: (1) Plaintiff did not abide by the notice requirements listed in Paragraph 22 of the Mortgage[1] and (2) Plaintiff erred in failing to join Pamela Slingluff s ("Slingluff) estate as a party to this action. For the foregoing reasons, Plaintiffs Motion for Summary Judgment is GRANTED.

         II. FACTS

         Defendant and Slingluff executed a Mortgage on August 17, 2005, using the 18 Park Avenue, Rehoboth Beach, DE property as stated security in the Mortgage. Bank of America, N.A. was the Mortgagee.[2] The Mortgage contained a provision stating that, upon Defendant's failure to pay any obligation or any portion thereof, the loan shall be in default and Plaintiff, after notice and opportunity to cure, may accelerate the sum secured by the Mortgage and foreclose upon the aforementioned property.

         On December 7, 2012, Pamela Slingluff departed this life. On November 10, 2014, Plaintiff filed a scire facias sur mortgage foreclosure action against Defendant. Plaintiff sought the principal sum of the amount remaining on the Mortgage with interest from December 1, 2012, together with reasonable fees, late charges, and costs. In short, Plaintiff requests judgment be entered against Defendant in the amount of $1, 963, 597.94.[3]

         III. STANDARD OF REVIEW

         The Court may grant summary judgment if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to summary judgment as a matter of law."[4] The moving party bears the initial burden of showing no material issues of fact are present.[5] If the moving party properly supports their motion, the burden then shifts to the non- moving party to rebut the contention that no material issues of fact exist.[6] In considering a motion for summary judgment, the Court must review the record in a light most favorable to the non- moving party.[7] The Delaware Supreme Court illustrates the parameters of granting summary judgment as follows:

Under no circumstances, however, will summary judgment be granted when, from the evidence produced, there is a reasonable indication that a material fact is in dispute. Nor will summary judgment be granted if, upon an examination of all the facts, it seems desirable to inquire thoroughly into ...

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