IndyMac Bank, FSB v. Dye, et al.
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THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY INDYMAC BANK, F.S.B., Plaintiff(s), v. PHILLIP A. DYE, REBECCA J. DYE and SOLOWIZ TRUST INTERNATIONAL, Defendant(s). ) ) ) ) ) ) ) ) ) ) ) C.A. NO. 05L-10-099-FSS ORDER Upon Defendants Motion for Reargument Captioned Judicial Notice of Non-Consent and Non-Acceptance DENIED 1. On April 18, 2008, the court granted Plaintiff s motion for summary judgment and it denied Defendants counter pleadings. 2. On April 21, 2008, Defendants, pro se, filed the pleading referred to above. The court views it as a timely motion for reargument under Superior Court Civil Rule 59(e). 3. Mostly, the motion is frivolous. For example, Defendants deny the court s jurisdiction to hear a foreclosure case; Defendants demand that the court and Plaintiff s counsel post a commercial indemnity bond in Defendants favor; and they threaten the court and counsel with a civil action for Breach of Oath of Office Contract and Breach [of] Fiduciary Duty. 4. The only argument that appears substantive in the pending motion is Defendants claim that IndyMac failed to prove the mortgage and default. That claim is addressed, however, in the April 18, 2008 order. In summary, IndyMac attached the note and the mortgage, which was recorded, to its complaint. And, it submitted verified records showing the default. Defendants, directly and indirectly, admitted the mortgage s existence and their default. Moreover, in the years this case has been pending, they never presented the slightest proof of payment. For the foregoing reasons, Defendants informal request for reargument captioned Judicial Notice of Non-Consent and Non-Acceptance is DENIED. Plaintiff s proposed order granting summary judgement in its favor and denying and dismissing Defendants cross motions will be entered today. That will be the final order in this case. IT IS SO ORDERED. April 29, 2008 Date cc: Prothonotary (Civil Division) Adam Hill, Esquire Phillip A. & Rebecca J. Dye /s/ Fred S. Silverman Judge
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