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Delaware State Housing Authority v. Ievoli

Superior Court of Delaware

July 31, 2018

DELAWARE STATE HOUSING AUTHORITY, Plaintiff,
v.
MICHELLE R. IEVOLI, Defendant.

          Date Submitted: July 26, 2018

         Tax Parcel No. 073540234, Sci. Fa. Sur Mortgage Action

         Mortgage Instrument 20011217-0106929

         Assignment Instrument 20011217-0106930

          On Defendant Michelle R. Ievoli's Request for Continuance of Stay On Writ of Possession DENIED.

          Chase N. Miller, Esquire, McCabe, Weisberg & Conway, P.C., Attorney for Plaintiff.

          Michelle R. Ievoli, pro se Defendant.

          OPINION

          Calvin L. Scott, Jr., Judge

         This action arises from a scire facias sur mortgage action. Plaintiff Delaware State Housing Authority (DSHA) filed the action against Michelle Ievoli (Ievoli) in 2015. The property was sold at Sheriff's Sale in December 2017.

         Facts and Procedural Background

         The facts pertinent to Defendant's request are as follows. DSHA initiated foreclosure on Defendant's home in 2015. A final judgment in favor of DSHA was entered in this action on September 25, 2017. Ievoli did not appeal that judgment. A Sheriff's Sale of the home was completed in December 2017 and confirmed in January 2018. DSHA was the winning bidder at the sale, and the Sheriff's Deed was recorded in February 2018. DSHA then sought and was granted a Writ of Possession on May 29, 2018, with no action to be taken for 60 days. Also on May 29, 2018, Ievoli filed a pro se complaint in this Court claiming Negligence on the part of DSHA related to the mortgage of the property.[1] At the same time of filing the complaint Ievoli requested a stay on the writ of possession. This request was denied. Ievoli's Negligence action seeks monetary damages including lost wages, medical bills, damage to her creditworthiness, and legal costs.[2]

         Parties Assertions

         Ievoli filed this emergency request seeking a continuance of the stay on the Writ of Possession pending adjudication of a negligence action. Ievoli's civil suit alleges DSHA was negligent in its selection and supervision of Bank of America (BOA) as a mortgaging servicer. Ievoli highlights newspaper articles and judgments against BOA as proof DSHA had notice of questionable practices ongoing with BOA's mortgage business. Ievoli asserts that DSHA owed a duty to "stop ongoing illegal actions."[3] Ievoli's complaint, in brief, seeks to hold DSHA liable for the actions of its subcontractor BOA.[4]

         DSHA argues the Court has previously denied a stay on this Writ of Possession. DSHA urges that under the four-prong test adopted by this Court and the Delaware Supreme Court Ievoli's motion fails and should be denied. DSHA argues there is little chance of success on the merits for Ievoli's complaint. DSHA argues that Ievoli's complaint is procedurally barred by the statute of limitations, res judicata, and collateral estoppel. As to the merits of the complaint, DSHA argues Ievoli's complaint fails to show DSHA owed a duty of care to Ievoli.

         DSHA urges that as the complaint seeks only monetary damages there is no chance of irrevocable injury should the stay be denied. DSHA points to the final adjudication of this matter as evidence Ievoli will not be injured. DSHA claims they are now the owners of the property, and as such they are entitled to possession. DSHA argues that even if successful on the merits, Ievoli's award would be monetary and independent from the result of this action.

         DSHA claims they will continue to suffer substantial harm if the stay is granted. DSHA indicates they continue to be financially liable for the ...


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