IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
WACHOVIA BANK OF
CURTIS J. BUNCHE,
CA. No.: 09L-08-080 FSS
Plaintiff noticed its motion for summary judgment in this
mortgage foreclosure, to be heard January 11, 2010.
The motion features
Defendants’ failure to provide a verified answer, as required by law.1
Shortly before the hearing on January 11, 2010, Plaintiff’s
counsel called-in sick, and he failed to appear at the hearing. Defendants also failed
to appear, but without explanation or request to be excused from the hearing. Under
the circumstances, the court might have granted the motion as unopposed.
The motion actually is one for judgment by default. But, substantively that is a
distinction without a difference.
On January 11, 2010, the court denied Plaintiff’s motion,
without prejudice. The court gave Plaintiff leave to re-notice its motion. The court
When the Plaintiff re-files the
motion, the court expects to see
a verified answer, as required by
Delaware law. If Mr. Bunche
relies on the papers he filed so
far, the court will have little
choice but to grant the bank’s
motion and the foreclosure will
The bank re-noticed its motion for February 5, 2010. In response,
Plaintiff filed an assortment of documents, including: a letter from him to the Federal
Bureau of Investigation; several documents captioned “Request for Production of
Document”; “Notice Of Fraud And Intent To Litigate”; and so on.
Based on the complaint and its attachments, a verified answer was
required under 10 Del. C. § 3901(a).
Defendants have not filed a verified answer. Moreover, it does
not appear that Mr. Bunche’s responses to the complaint and motions for summary
judgment were filed in good faith. They are either frivolous or vexatious.
In light of the above, the court finds that a hearing on Plaintiff’s
Motion for Summary Judgment would not help decide the motion. Further, it is
apparent from the papers, including the lack of a verified answer, that Plaintiff is
entitled to relief, and Plaintiff’s motion for summary judgment is GRANTED.
IT IS SO ORDERED.
Date: January 29, 2010
/s/ Fred S. Silverman
oc: Prothonotary (Civil)
pc: Stephen P. Doughty, Esquire
Armae LLC, Pro Se Defendant, via first-class mail
Curtis J. Bunche, Pro Se Defendant, via first-class mail