Elmwood Federal Savings Bank v. Forest Manor Estates, Inc.

OPINION

TAYLOR, Judge.

Plaintiff filed this scire facias sur mortgage action to recover the balance due on a mortgage loan made by plaintiff to defendant, the developer of a development known as Forest Manor. The complaint contained a demand that defendant must answer by affidavit pursuant to 10 Del.C. § 3901. Defendant filed its answer accompanied by an affidavit of defense, which asserted the following defense:

Defendant has a legal defense to the Complaint, to the extent that Plaintiff has failed to advance the total principal sum alleged in Paragraphs 5 and 11 of the Complaint. Forest Manor…