Supreme Court of Delaware

J.m. Shrewsbury, A/k/a J. Michael Shrewsbury, and Kathy Shrewsbury, Defendants Below-Appellants v. — Strine, J…

April 17, 20172017 Del. LEXIS 155

Summary

Chief Justice Strine dissented from the majority's treatment of mortgage-foreclosure standing. He would have affirmed the Superior Court because the foreclosure statute permits a mortgage holder to bring a statutory foreclosure action without separately proving that it holds the note, and he viewed the statutory and contractual safeguards against double collection as adequate. The dissent also criticized the majority's approach as likely to generate additional pleading requirements and delay. No separate opinions are included.