Consideration of Plaintiff's Motion for Default Judgment
HONORABLE ANDREA L. ROCANELLI
consideration of the written submissions of the parties and
arguments presented at the hearing on Tuesday, February 5,
2019; the Delaware Superior Court Rules of Civil Procedure;
statutory and decisional law; and the entire record in this
case, the Court hereby finds as follows:
May 17, 2017, Plaintiff The Bank of New York Mellon
("Plaintiff") filed its In Rem Scire Facias
mortgage complaint ("Complaint") against Defendants
Frank Robinson and Viola Robinson ("Defendants")
seeking foreclosure of Plaintiff's interest in the
property commonly known as 1705 West 3rd Street,
Wilmington, Delaware 19805, under the mortgage referenced in
the Complaint. The Complaint included a certified copy of the
mortgage and demanded that Defendants answer the allegations
of the Complaint by affidavit pursuant to 10 Del. C.
Plaintiff now moves for Default Judgment against both
Defendants for failure to comply with the requirements of 10
Del. C. § 3901.
oral argument, Defendant Frank Robinson raised issues
previously decided by this Court in Frank Lee Robinson v.
OCWEN Loan Servicing LLC and Litton Loan Servicing,
This request for reconsideration is declined.
Court is satisfied that Plaintiff is entitled to the relief
requested. The mortgage has been in default since November
2013. With respect to the modification efforts claimed, the
Court finds that there have been no valid modifications of
the mortgage. Defendant Frank Robinson has not answered the
allegations of the Complaint by affidavit of defense as
required by statute.Moreover, the Court finds that it would be
futile to exercise its discretion to decline entering a
default judgment because Defendant Frank Robinson has not set
forth any of the limited defenses to In Rem mortgage
foreclosure actions recognized by Delaware Law.
respect to Frank Robinson, a default judgment shall enter
pursuant to 10 Del. C. § 3901.
Defendant Viola Robinson has not appeared in this action and
therefore default judgment should also be entered against
THEREFORE, this 5th day of February, 2019, for the
reasons set forth above, the Plaintiff's
Motion for Default Judgment is granted and
judgment In Rem shall enter in favor of Plaintiff
against Defendants Frank Robinson and Viola Robinson as
Fees and Expenses
Plus interest accruing from January 14, 2019, at the per diem
rate of $9.79, and late charges and advances to the date of