Gifford v. 601 Christiana Investors, LLC

Summary

The Supreme Court of Delaware affirmed the Superior Court's judgment upholding 601 Christiana's standing to enforce the loan documents and concluding that Gifford knowingly, intelligently, and voluntarily waived notice and a hearing before entry of judgment by confession. Reading the loan agreement, guaranty, and note together, the Court held that the assignment provisions did not restrict assignment to lenders or financial institutions. The Court also held that the Superior Court independently reviewed the Commissioner's ruling and that two additional arguments were waived because they were not fairly presented below.