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Make Sure You Bring a Note - The Delaware Supreme Court Creates New Requirements for Foreclosing Mortgage Lenders

Summer 2017

The Delaware Supreme Court surprised the mortgage lending community in April with its opinion in J.M. Shrewsbury v. Bank of New York Mellon. In Shrewsbury, the Court held that to foreclose on a mortgage the holder of the mortgage must also be the party entitled to enforce the underlying obligation secured by that mortgage. Stated differently, for a mortgage holder to have standing to bring a scire facias sur mortgage proceeding in Superior Court, that mortgage holder must show that it has the right to enforce the corresponding promissory note or other secured obligation.

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