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Resolve Funding LLC v. Buckley Property Services LLC

Superior Court of Delaware, Sussex

September 24, 2018

Resolve Funding LLC
v.
Buckley Property Services LLC,

          Date Submitted: July 5, 2018

         On Best Point's Motion to Dismiss: GRANTED, WITHOUT PREJUDICE

          Dean A. Campbell, Esquire The Law Office of Dean A. Campbell, P.A.

          Michael F. Duggan, Esquire Brett T. Norton, Esquire Marks, O'Neill, O'Brien, Doherty & Kelly, P.C.

          David B. Anthony, Esquire Sean A. Meluney, Esquire Berger Harris LLP.

         Dear Counsel, This matter is presently before the Court on the motion of the Third Party Defendants Best Point, LLC and Michael Daniels (collectively, "Best Point") to dismiss with prejudice the Third Party Complaint filed by Defendants/Third Party Plaintiffs Buckley Property Services LLC, and Pam Greer Buckley (collectively, "Buckley"). Buckley opposes the Motion but, if the Court finds its complaint is lacking, seeks leave to amend its complaint. For the foregoing reasons, Best Point's Motion to Dismiss is GRANTED, without prejudice.

         I. FACTUAL BACKGROUND

         This claim arises out of a real estate appraisal the investment lender Resolve Funding LLC ("Resolve Funding") sought from Buckley for a parcel of property located in Dagsboro, Delaware ("the Property").

         In June of 2015, Best Point completed an application for funding from Resolve Funding in order to purchase the Property. Resolve Funding ordered a valuation report from Buckley. On June 23, 2015, Buckley provided Resolve Funding with a Uniform Appraisal Report ("the Appraisal") for the Property. The Appraisal opined that the fair market value of the Property in June of 2015 was $ 1, 950, 000.00. After receiving the Appraisal, Resolve Funding approved a loan for Best Point in the amount of $1, 118, 250.00 ("the Loan") for the purchase of the Property. The Loan was secured by a mortgage ("the Mortgage") on the Property.

         Best Point subsequently defaulted under the terms of the Mortgage. In February of 2016, Resolve Funding initiated a foreclosure proceeding against Best Point. This proceeding eventually led to the entry of a default judgment in favor of Resolve Funding for $1, 610, 508.84. Resolve Funding executed upon the judgment and received a Sheriffs' Deed Levari Facias, having been the highest bidder at the Property's auction. On March 9, 2017, Resolve Funding listed the Property for sale. The Property sold on or about July 20, 2017, for approximately $649, 000.00.

         Resolve Funding initiated suit against Buckley, alleging it was negligent in appraising the Property and that Resolve Funding relied upon the Appraisal to its detriment. Buckley, in turn, has brought an action in fraud, contribution, and indemnification against the Property's owner, Best Point.

         II. STANDARD OF REVIEW

         A. Standard of Review

         Dismissal pursuant to Superior Court Civil Rule 12(b)(6) is appropriate where a plaintiff would not be entitled to relief under any set of conceivable set of circumstance susceptible of proof under the complaint.[1] In considering a motion to dismiss, all well-pleaded allegations in the complaint must be accepted as true.[2] Superior Court Civil Rule ...


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