Monroe Park v. Metropolitan Life Insurance Company
Supreme Court of Delaware · 1983 · Corporations
457 A.2d 734 (1983)
Updated
Corporationsmortgage foreclosurescire facias sur mortgagelaw and equitysealed instrumentsmortgageforeclosurescire facias
Facts
The plaintiff chose to foreclose at law by scire facias sur mortgage rather than by bill in equity. The plaintiff conceded that the mortgage, as executed and recorded, lacked a seal. The trial court treated the absence of a seal as a technical defect that did not affect the mortgage's validity between the parties and granted summary judgment for the plaintiff. The appeal concerned whether that unsealed mortgage could be enforced in a legal foreclosure action.
Issue
May the Delaware Superior Court grant relief in a scire facias sur mortgage action when the mortgage does not bear the mortgagor's seal? More specifically, can the Superior Court disregard the absence of a seal in a legal foreclosure proceeding by applying equitable principles?
Rule
In Delaware, a mortgage must be under seal to be enforceable at law unless the seal requirement has been abolished by statute. An unsealed mortgage may be enforceable only in equity, because scire facias sur mortgage is a purely common-law remedy and the Superior Court cannot use equitable powers to disregard the absence of a seal in that action.
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Lakeview Funding, LLC loaned money to Nora Benton to buy a warehouse in Wilmington, Delaware. Nora signed and recorded a mortgage, but through oversight no seal was affixed; after default, Lakeview filed a scire facias sur mortgage action in Delaware Superior Court and argued the parties plainly intended to create a mortgage.
How should the Superior Court rule?
Explanation. The majority held that scire facias sur mortgage is a purely common-law remedy. In Delaware, unless the seal requirement has been abolished by statute, a mortgage must be under seal to be enforceable at law. Clear intent may matter in equity, but Superior Court cannot disregard the missing seal in a scire facias action.