Submitted: August 16, 2017
Defendant's Motion to Vacate Sheriff's Sale, DENIED.
T. Conway, Esq., ORLANS PC, Attorney for Plaintiff(s) LSF9
Master Participation Trust.
J. McKinney S., N. Andrews Ave., Fort Lauderdale, pro se, and
Michael D. Satchell, Rehoboth Beach, pro se, Defendants.
Jane Brady Superior Court Judge.
December 2, 2015, Plaintiff filed a residential foreclosure
action against the Defendants, regarding the real property
located at 21117 Laguna Drive, Rehoboth Beach, Delaware 19971
("Property"). The Complaint alleged the Defendants
failed to pay the monthly installments in accordance with the
Mortgage. An Affidavit in Support of Amounts Due was attached
to the Complaint, indicating that the total amount owed at
the commencement of the foreclosure action, was $304, 355.17.
The action was initially filed as Mediation
Eligible.Initial Summons for service were returned
as "non-est" by the Sussex County Sheriff. Service
on the Defendants was perfected by posting the property and
by certified mail, return receipt requested, to the Property
and to Sawgrass Community Association through the property
management company. The return receipt for the Property was
signed on December 21, 2015 by an individual by the name of
Cheryl DiFonzo. The receipt for the Sawgrass Community
Association was signed on December 30, 2015. Plaintiff
discovered the property was not occupied by the Defendants
through Sheriffs Returns of the summons. Accordingly, on
March 8, 2016, Plaintiff moved to have this case removed from
the Automatic Residential Mortgage Foreclosure Mediation
Program pursuant to Administrative Directive 2013-2, that a
property must be owner occupied to be subject to the
Mediation Program. Copies of Plaintiff s request were sent to
the Property and to Defendants' address in Florida on
March 3, 2016. Plaintiffs request was approved on April
8, 2016. Defendant Michael Satchell filed notice in this
Court that he had filed for bankruptcy in the United States
Bankruptcy Court for the Southern District of
Florida. On August 25, 2016, Defendant, Michael D.
Satchell's Chapter 7 Bankruptcy matter was closed, and
the foreclosure action resumed. On February 7, 2017, an entry
of judgment by default was ordered by this Court as neither
Defendant had filed an Answer to the Complaint.
April 27, 2017, Plaintiff initiated the Sheriffs Sale process
by filing a writ of levari facias. The Sussex County
Sheriff exposed the Property to public auction on July 18,
2017. There were no third party bidders, and the Property
reverted to Plaintiff for $332, 912.00. On August 10, 2017,
before the confirmation of sale which was scheduled for
August 25, 2017, Defendants filed an "Answer to the
Complaint, " requesting the Court to set aside the
assert that the only correspondence that they received
concerning this matter was the receipt of Notice to Lien
Holders, Tenants Etc, filed on July 13, 2017, informing the
parties of the Sheriffs Sale scheduled on July 18, 2017.
Defendants claim they were "unaware of any allegations
to this Plaintiff, " and they have not received a Notice
of Intent to Foreclose.Defendants allege they were not aware of
any Affidavit in Support of Amounts Due. Defendants claim
that they entered into a "Relocation Incentive Program
Agreement" with the servicing agent, Caliber Home Loans.
Defendants state they are "aware that the Plaintiff(s)
has many pending law suits, Class action suits, AG
investigations, etc." Defendants request the Court to
set aside the Sheriffs Sale.
contends that rules and regulations governing scire
facias foreclosure actions were followed. The Service of
Complaint was perfected by the Sheriff pursuant to Rule
4(f)(4), and the Defendants raised no allegations that would
call into question the validity of the Sheriffs
Sale. Plaintiff requests the Court confirm the
Superior Court Civil Rule 69(d) provides:
Return of sheriff s sales of real estate shall be made on the
third Monday of the month succeeding the date of the sale and
applications to set aside such sales shall be made on or
before the first Thursday succeeding said return date, and
all such sales not objected to on or before the first