Monroe Park v. Metropolitan Life Insurance

MOORE, Justice:

This mortgage foreclosure action was begun by a writ of scire facias sur mortgage pursuant to 10 Del.C. § 5061. 1 The trial court entered summary judgment in plaintiff’s favor. 2 The question we address is whether the Superior Court may grant relief on a writ of scire facias where the mortgage does not bear a seal of the mortgagor. Because of the continuing legal significance of a party’s seal to financial documents in Delaware, and the trial court’s marked departure from well established Delaware statutory and judicial precepts, we reverse.

Delaware has long permitted…