Submitted: March 3, 2017
Consideration of Plaintiff's Motion for Summary Judgment
T. Conway, Esquire, Atlantic Law Group, LLC, Georgetown,
Delaware for Plaintiff.
Parker, III, Pro se.
Melissa L. Dill, Esquire, Liguori & Morris, Dover,
Delaware for Tammy L. Genna, Defendant.
B. Young, Judge
Mortgage, LLC ("Plaintiff) filed this Motion for Summary
Judgment against Roy E. Parker and Tammy L. Genna
("Defendants") in a scire facias sur
mortgage action. Plaintiff has met its summary judgment
burden by demonstrating that there is no genuine issue of
material fact. Defendants have not met their summary judgment
burden of showing that there are genuine issues of material
fact. Plaintiff is entitled to judgment as a matter of law.
Thus, Plaintiffs motion is GRANTED.
31, 2013, Defendant Roy E. Parker executed and delivered a
mortgage to Cape Bank for a property in Camden Wyoming,
Delaware. Plaintiff asserts that this mortgage was eventually
assigned to it. Plaintiff further asserts that Defendants
have failed to pay the monthly installments of the mortgage
demanded that Defendants make their mortgage payments in a
demand letter dated November 17, 2015, indicating that
acceleration of the sum secured by the instant mortgage was
proper in this instance. To date Defendants still have not
cured the alleged default.
filed the Complaint on June 15, 2016. On February 14, 2017,
Plaintiff filed a Motion for Summary Judgment. Defendants did
not respond to the motion.
judgment is appropriate where the record exhibits no genuine
issue of material fact, and the movant is entitled to
judgment as a matter of law. This Court shall consider the
"pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if
any" in deciding the motion. The moving party bears the
initial burden of demonstrating the nonexistence of material
issues of fact. The burden then shifts to the nonmoving
party to show that there are material issues of fact in
dispute. The Court views the record in the light
most favorable to the nonmoving party. When material
facts are in dispute, or "it seems desirable to inquire
more thoroughly into the facts, to clarify the application of
the law to the ...