Supreme Court of Delaware
McCafferty v. Wells Fargo Bank, N.A.
December 8, 2014
Summary
The Court affirmed summary judgment and the final damages judgment in Wells Fargo's mortgage foreclosure action. It held that Wells Fargo had standing, that the alleged oral modification and post-default negotiations did not create a valid foreclosure defense or raise a material factual dispute, and that the McCaffertys were not entitled to statutory mediation. The Court also reaffirmed that foreclosure defenses must relate to the mortgagor's obligations under the mortgage.