Supreme Court of Delaware
Bendfeldt & Roloff v. Hsbc Mortgage
October 7, 2014
Summary
The Supreme Court of Delaware affirmed the denial of the Mortgagors’ motion to vacate a default judgment and the order permitting HSBC to proceed with a sheriff’s sale. The Court assumed without deciding that the Mortgagors had standing to challenge the assignments, but found their challenge meritless because the record showed that HSBC held both the mortgage and the negotiable note. The Court also held that the Mortgagors failed to meet their burden under Rule 60(b) and that the Superior Court did not abuse its discretion in denying relief.