Gelof v. First National Bank of Frankford

DUFFY, Justice:

The question presented in this appeal is whether the holder of equitable title to real property acquired at a tax sale is entitled to notice of a foreclosure action which will divest him of his interest in the property. We conclude that he is and, therefore, we reverse the judgment of the Superior Court.

I

Under present Delaware law, a mortgagee may, upon nonpayment of the attendant debt or other breach of a condition of the mortgage, obtain a writ of scire facias in the Superior Court in the county in which the property is located, directing the mortgagor to appear and show…