Delaware Mortgage Law

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over <br> 900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three <br> depositions. The following facts were proven by a preponderance of the evidence. <br> Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, ... More...

$0 (10-20-2015 - DE)
In re: ICL HOLDING COMPANY, INC., et al.

At the start of 2012, LifeCare Holdings, Inc. (“LifeCare”),1 once a leading operator of long-term acute care hospitals, was struggling financially. Management blamed its condition on Hurricane Katrina’s destruction of three of the company’s facilities and growth-stunting federal regulations that followed the 2005 natural disaster. Because of the weight of its debt load ($484 million, of ... More...

$0 (09-27-2015 - DE)
Deutsche Bank National Trust Company v. Helene Hines, Jeffrey Hines, and George Edward Kennedy

The background of this case is lengthy and somewhat complicated. On June <br> 7, 2004, Defendant Helene Hines conveyed real property located at 302 S. Ocean <br> Drive, South Bethany, Delaware (hereinafter “the Property”), to Villa Oceana, <br> LLC.4 Thereafter, by deed dated February 25, 2005, Villa Oceana, LLC conveyed <br> the Property to Defendants Jeffrey Hines and Helene Hines as tena... More...

$0 (09-18-2015 - DE)
Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company <br> organized under the laws of the Island of Guernsey, Channel Islands in August 2006<br> The facts are drawn from the allegations in the plaintiffs&#8223; First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants&#8223; motion to dismiss, as well as documents integr... More...

$0 (09-14-2015 - DE)
CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company<br> (―LLC‖) whose business was providing non-legal administrative services to law firms<br> and their mortgage lender clients in connection with mortgage foreclosures. That<br> business was created by the principal defendants: five individuals who practiced law in<br> Colorado and Arkansas. Seeking to monet... More...

$0 (06-23-2015 - DE)
Angelo Galantino v. Alession M. Baffone, Jr.

25 Del. C. § 2108 grants priority to a "purchase money mortgage” that satisfies the conditions prescribed by that statute.1 The issue presented on this appeal is whether the parol evidence rule requires that a person who claims to hold a "purchase money mortgage” must prove his purchase money mortgage holder status solely by reference to the mortgage instrument itself. The Superior ... More...

$0 (04-16-2012 - DE)
Henry Greg Hughes v. Sandra K. Peterson

The respondent-appellant, Henry Greg Hughes ("Mr. Hughes”), filed an appeal from the Family Court's final judgment regarding attorney's fees; its June 15, 2011 order dividing the marital property; and its May 12, 2010 order granting the motion of the petitioner-appellee, Sandra K. Peterson ("Ms. Peterson”), to rescind the parties' separation agreement.2 We find no merit to any of the a... More...

$0 (03-13-2012 - DE)
Tolano Anderson v. Wachovia Mortgage Corporation

This case is brought by three African-American couples who, in 2004, purchased adjacent houses in a Dover, Delaware, community known as "Silver Lake.” Plaintiffs received mortgages from Wachovia Mortgage Corporation, but only after Wachovia imposed several conditions on the approvals of these mortgages. Plaintiffs allege that these conditions were racially motivated, and brought suit against... More...

$0 (09-13-2010 - DE)
King Construction, Inc. v. Plaza Four Realty, LLC

The plaintiff-appellant, King Construction, Inc. ("King”), appeals from the final judgment of the Superior Court dismissing King's statement of claim for a mechanics' lien against property owned by the defendantappellee, Plaza Four Realty, LLC ("PFR”). The Superior Court granted PFR's motion to dismiss because the statement of claim: first, failed to allege that PFR provided prior writ... More...

$0 (07-15-2009 - DE)
Mark Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation; Fairchild Semiconductor International, Inc.

Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. ("Fairchild”) against Sterling Holding Company, LLC ("Sterling”) and National Semiconductor Corporation ("National”) for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules, 16b-3 a... More...

$0 (10-01-2008 - DE)
Robert McLaughlin, et al. v. Robert F. McCann, et al.

This dispute involves the familiar small business deal gone bad story. The agreement underlying the transaction contains an arbitration clause that one side of the transaction wishes to enforce and the other side wishes to avoid. The particular issue addressed in this decision is who - this court or an arbitrator - should decide whether and to what extent the parties' claims should be arbi... More...

$0 (02-21-2008 - DE)
IMX, Inc. v. E-Loan, Inc., et al.

<P>IMX, Inc. sued Lending Treet, LLC on a patent infringement theory for infringing U.S. Patent No. 5,995,947 relating to technology that provides an Internet-accessible, interactive, real-time network for borrowers and lenders to use to exchange information that lenders need to loan money to borrowers. IMX, Inc., based in Houston, Texas, is a leading provider of software solutions for th... More...

$5794400 (01-24-2006 - DE)
<a href="http://courts.state.de.us/supreme/ordsops/432-2002.pdf" target="_new">Laurie G. Wolinski v. Michael L. Wolinski</a>

This is an appeal from a decision and order of the Family Court of Delaware concerning a property division following the divorce of Laurie and Michael Wolinski. Following a hearing on January 29, 2002, the trial judge issued a Decision and Order on March 25, 2002. On June 28, 2002, the trial judge issued a Letter Decision and Order granting in part and denying in part Wife's Motion for Reargu... More...

$1 (04-14-2003 - DE)