Legal Opinion
Berg v. Liberty Federal Savings & Loan Ass'n
Supreme Court of Delaware
Decided March 13, 1981PublishedCited by 11 opinions
1Opinion of the Court
HORSEY, Justice.
This appeal concerns whether a mortgage lender’s otherwise available remedies on borrower’s default are compromised by lender’s dealings with a third party grantee under a debt arrangement with borrower.
In 1970, Howard M. Berg and Sandra Berg (borrowers) executed, for valuable consideration, a bond and mortgage of real estate in favor of Liberty Federal Savings and Loan Association (lender). In 1973, borrowers sold the real estate to a third party (grantee) who assumed liability for the mortgage indebtedness. Lender was not a party to the transaction and did not execute any…
2Cases cited6 opinions
- Davenport v. DicksonSupreme Court of Kansas · 1973
- Miami Nat. Bank v. Forecast Const. Corp.District Court of Appeal of Florida · 1979
- North Western Mut. L. Ins. Co. v. EddlemanCourt of Appeals of Kentucky (pre-1976) · 1932
- Equitable Trust Co. v. ShawCourt of Chancery of Delaware · 1937
- Gellis v. S. Gellis & Co., Inc.Court of Chancery of Delaware · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kepler v. SladeNew Mexico Supreme Court · 1995
- Royal Palm Corporate Center Ass'n v. PNC Bank, NADistrict Court of Appeal of Florida · 2012
- Moening v. Alaska Mutual BankAlaska Supreme Court · 1988
- Belote v. McLaughlinSupreme Court of Missouri · 1984
- Szego v. Kingsley AnyanwutakuDistrict of Columbia Court of Appeals · 1994
6 more not listed; retrieve them via the Exa API.