WILMINGTON SAVINGS FUND SOCIETY, FSB, d.b.a CHRISTIANA TRUST, not individually but as Trustee for Ventures Trust, Plaintiff
WENDY GILLETTE, Defendant
Submitted: March 22, 2017
Plaintiffs Motion for Summary Judgment. Granted.
Antranig N. Garibian, Esq., Garibian Law Offices, P.C.,
Attorney for Plaintiff.
R. Weaver, Esq., John R. Weaver, P.A., Attorney for
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 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.
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. 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.
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.
STANDARD OF REVIEW
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." The moving party bears the initial burden
of showing no material issues of fact are
present. 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. In considering a motion for summary
judgment, the Court must review the record in a light most
favorable to the non- moving party. The Delaware Supreme Court
illustrates the parameters of granting summary judgment as
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