Money Store/Delaware, Inc. v. Kamara

OPINION

RIDGELY, President Judge.

The narrow but important issue before the Court is whether there is a right to a trial by jury in a mortgage foreclosure proceeding. The Money Store/Delaware, Inc. (“The Money Store”) brought a scire facias sur mortgage action against James and Rebecca Ka-mara (“Kamaras”), seeking foreclosure on a mortgage and judgment on a balloon note. The balloon note was secured by a mortgage on the Kamaras’ property. Default in mak*283ing the final balloon payment was subsequently admitted and partial summary judgment on the issue of liability was granted. Because a dispute…