Legal Opinion
Nesmith v. Lynn
Supreme Court of Delaware
Decided July 25, 1977PublishedCited by 3 opinions
1Opinion of the Court
McNEILLY, Justice:
The sole issue in this mortgage foreclosure case is the propriety of a third party complaint filed pursuant to Superior Court Civil Rule 14(a). 1 Defendants to the foreclosure by their third party action seek monetary relief from the Secretary of Housing and Urban Development of the United States (HUD) for not requiring forbearance from foreclosure by the mortgagee under the guidelines of a HUD handbook. The Superior Court dismissed the third party complaint as being a separate and independent claim not assertable under Rule 14(a). We agree.
I
The foreclosure proceeding in…
2Cases cited6 opinions
- Brown v. LynnDistrict Court, N.D. Illinois · 1974
- Brown v. LynnDistrict Court, N.D. Illinois · 1975
- Federal National Mortgage Ass'n v. RicksNew York Supreme Court · 1975
- Federal Housing Administration v. Morris Plan Co. Of CaliforniaCourt of Appeals for the Ninth Circuit · 1954
- United States v. Munroe Towers, Inc.District Court, D. New Jersey · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Associated East Mortgage Co. v. YoungNew Jersey Superior Court Appellate Division · 1978
- Delmarva Power & Light Co. v. Dru B. Smith and Blevins Inc. v. Verizon Delaware, LLC. v. Comcast Cable Communications, LLC.Delaware Court of Common Pleas · 2017
- Two Farms, Inc. v. Davis, Bowen & Friedel, Inc.Superior Court of Delaware · 2018