IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

JPMORGAN CHASE BANK ) NATIONAL ASSOCIATION

, ) C.A. No. K23L

- 08

- 008 NEP ) ) Tax Parcel No. 9

- 00

- 08100

- 01

- 1500

- 000 Plaintiff, )

) In Rem

v. ) Sci. Fa. Sur Mortgage Action

) ) WILSON L. MILES

, ) Mortgage Book 1103, Page 254 ) Assignment Book 6798, Page 30 Defendant. )

Submitted: December 7 , 2023 Decided: March 1 1 , 2024

ORDER

Upon Plaintiff’s Motion for Summary Judgment

GRANTED

I. INTRODUCTION

1. Before the Court is a Motion for Summary Judgment (the “ SJ Motion”)
filed by Plaintiff JPMorgan Chase Bank, National Association (“ JPMorgan ”)

. 1

2. On July 13, 2001, Defendant Wilson L. Miles (“Mr. Miles ” ) executed

and delivered a mortgage to Washington Mutual Home Loans, Inc. on the property

known as 1933 Tara il a Road, Hartly, Delaware 19953, Tax Parcel No. 9

- 00

- 08100

-

1 Mot. for Summ. J. (D.I. 8).2

01

- 1500

- 000 (the “Mortgage”). 2 The mortgage was subsequently assigned to

JPMorgan. 3

3. On August 9, 2023, JPMorgan filed a scire facias sur mortgage

foreclosure complaint (the “ Complaint ”) against Mr. Miles in which it sought

foreclosure of the mortgaged property in its name because of his failure to pay the
monthly installments

. 4 Mr. Miles has signed a promissory note secured by the

Mortgage. 5 JPMorgan , either directly or through its agent, has possession of the
promissory note , which has been duly endorsed

. 6

4. On August 2 2 , 2023, service was returned non est ; the Sheriff’s Return

stated as follows: “Vacant Lot. Appears Mobile home was removed [sic] .” 7 It was
the first attempt at service. 8

5. On September 18 , 2023, following an additional service attempt , the

Sheriff’s Return indicated that certified cop ies of the alias w rit of s cire f acias had
been posted on the subject property on September 6, 2023, and mailed to Mr. Miles
by both certified and first

- class mail on September 8, 2023. 9

6. On September 29, 2023, Sharonda Miles (“Ms. Miles”) , Mr. Miles’s

da ughter, wrote a letter to the Court on behalf of her father (the “Letter”)

. 10 She did

so because Mr. Miles was “ unable to do so currently” and due to the “urgency of th is

matter” was “unable to seek legal advisement to assist him in preparing a response

to the c omplaint.” 11 The Letter explains that, in November of 2022, Mr. Miles was

2 Compl. (D.I. 1) ¶ 3 ; id.

, Ex. A (Mortgage).

3 Compl. ¶ 3

. 4 Id. ¶ ¶ 1, 4.

5 Id. ¶ 1.

6 Id.

7 D.I. 3.

8 Mot. for Summ. J. ¶ 2.

9 D.I. 6.

10 D.I. 7. The Letter was signed by both Mr. Miles and Ms. Miles.

11 Id.3

hospitalized due to “ a serious life

- threatening medical condition ” that left him
physically and c ognitively impaired ; that b ecause of th is , he ha d not been able to
tend to his personal affairs ; and that he “ would not intentionally avoid fulfilling his
obligation

. ” 12 The Letter indicates that Mr. Miles can now “verbalize and designate”
a power of attorney, and asks the Court to dismiss JPMorgan ’s Complaint so that Mr.

Miles can resume payments and retain his property. 13

7. On November 13, 2023, JPMorgan filed the SJ Motion. 14 JPMorgan
points out that the Letter does not deny Mr. Miles’s failure to pay the monthly

installments for the Mortgage and d oes not plead a recognized affirmative defense

, and that therefore there is no dispute of a material fact. 15

8. On November 15, 2023, the Court sent a letter to the parties setting a

deadline of November 29, 2023 , to respond to the SJ Motion

. 16

9. No response has been filed with the Court

.

II. APPLICABLE LEGAL STANDARDS

10. Summary judgment is appropriate in a situation in which the record
demonstrates that “there is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of law.” 17 The Court “(i) construes
the record in the light most favorable to the non

- moving party; (ii) detects, but does
not decide, genuine issues of material fact; and (iii) denies the motion if a material
fact is in dispute.” 18 A fact is material if it “might affect the outcome of the suit

12 Id.

13 Id.

14 Mot. for Summ. J.

15 Id. ¶¶ 3 , 5. JPMorgan also searched the records maintained by the Department of Defense, Defense Manpower Data Center ( the “DMDC”) and determined that

, according to DMDC records, Mr. Miles is not presently engaged in active military service as contemplated by the Servicemember s Civil Relief Act. Id. ¶ 5.

16 D.I. 9.

17 Super. Ct. Civ. R. 56(c)

. See also Brzoska v. Olson , 668 A.2d 1355, 1364 (Del. 1995).

18 US Dominion, Inc. v. Fox News Network, LLC , 2023 WL 2730567, at *17 (Del. Super. Mar. 31,4

under governing law.” 19

11. At the o utset, the moving party bears the burden of persuasion and must
demonstrate that the undisputed facts support the moving party’s claims or

defenses. 20 If the moving party meets this initial burden, then the burden shifts to

the non

- moving party to demonst rate that there are material issues of fact. 21

12. The non

- moving party “must do more than simply show that there is
some metaphysical doubt as to material facts.” 22 To meet its burden, the non

- moving
party must identify likely admissible evidence in the record that generates such an

issue. 23 Mere denials and unsupported conclusory denials in an affidavit do not

constitute admissible factual evidence. 24

13. An important function of summary judgment is “to secure the just,
speedy and inexpensive determination of every action.” 25 If the Court “f inds that no
genuine issues of material fact exist, and the moving party has demonstrated [its]
entitlement to judgment as a matter of law, then summary judgment is
appropriate.” 26

III. ANALYSIS

14. In a scire facias sur mortgage action, the defendant must plead payment

2023) (quoting CVR Refin., LP v. XL Specialty Ins. Co. , 2021 WL 5492671, at *8 (Del. Super. Nov. 23, 2021)).

19 Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248 (1986).

20 Moore v. Sizemore , 405 A.2d 679, 680

– 81 (Del. 1979) (citing Ebersole v. Lowengrub , 180 A.2d 467, 470 (Del. 1962)).

21 Id. at 681 (citing Hurtt v. Goleburn , 330 A.2d 134 , 135 (Del. 1974)); see also Brzoska , 668 A.2d at 1364.

22 Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586 (1986).

23 Phila. Indem. Ins. Co. v. Bogel , 269 A.3d 992, 1018 (Del. Super. 2021).

24 Kennedy v. Giannone , 527 A.2d 732, 1987 WL 37799, at *1 (Del. June 16, 1987) (TABLE).

25 Celotex Corp. v. Catrett , 477 U.S. 317, 327 (1986) (citations omitte d).

26 Brooke v. Elihu

- Evans , 1996 WL 659491, at *2 (Del. Aug. 23, 1996) (citing Oliver B. Cannon & Sons, Inc. v. Dorr

- Oliver, Inc. , 312 A.2d 322 , 325 (Del. Super. 1973))

. S ee also Jeffries v. Kent Cnty. Vocational Tech. Sch. Dist. Bd. of Educ. , 743 A.2d 675, 677 (Del. Super. 1999).5

or satisfaction

, or avoidance of the mortgage. 27 “A plea in avoidance must ‘relate to
the mortgage sued upon, i.e., the plea must relate to the validity or illegality of the
mortgage documents.’” 28 Examp les include “acts of God, assignment, conditional
liability, duress, exception, forfeiture, fraud, illegality, justification, non

performance of condition precedents [sic], ratification, unjust enrichment and

waiver.” 29 An unsupported de nial does not, by itself, raise a genuine issue of

material fact. 30

15. Pursuant to Superior Court Civil Rule 56(e), when a motion for
summary judgment is “made and supported,” the non

- moving party “may not rest
upon the mere allegations or denials of the [non

- m oving] party’s pleading,” but
“must set forth specific facts showing that there is a genuine issue for trial.” 31

Further, “[i]f the adverse party does not so respond, summary judgment, if
appropriate, shall be entered against the adverse party.” 32

16. Here, there is no genuine issue of material fact

. Although the Court
sympathizes with Mr. Miles, he does not den y that he has failed to make payments

pursuant to the Mortgage, and he does not raise a n affirmative defense in the Letter

. Further more , he has not responded to JPMorgan ’s SJ Motion by the deadline set by

the Court.

17. Therefore, pursuant to Superior Court Civil Rule 56(e), summary
judgment shall be entered in JPMorgan ’s favor and against M r. Miles.

27 Wells Fargo Bank, NA v. Nickel , 2011 WL 6000787, at *2 (Del. Super. Nov. 18, 2011)

. 28 Id. (quoting Am. Nat ’l Ins. Co. v. G

- Wilm

. Assocs., L.P. , 2002 WL 31383924, at *2 (Del. Super. Oct. 18, 2002) [hereinafter A NI Co. ] )

. 29 Id. (citing ANI Co. , 2002 WL 31383924, at *2).

30 Teeven v. Kearns , 1993 WL 1626514, at *4 (Del. Super. Dec. 3, 1993).

31 Super. Ct. Civ. R. 56(e).

32 Id.6

For the foregoing reasons, IT IS HEREBY ORDERED that JPMorgan ’s
Motion for Summary Judgment is GRANTED ;

IT IS FURTHER ORDERED that Judgment is hereby entered in favor of
JPMorgan and against Mr. Miles as follows :

Principal Balance $ 23,871.28
Interest 33 $ 1,782.18 Escrow Advances $ 1,544.99 Recoverable Balance $ 40.00 Suspense Balance $ ( 246.71 ) TOTAL $ 2 6 , 991

. 74

NEP:tls

oc: Prothonotary

cc: Janet Z. Charlton, Esquire

- Via File & ServeXpress Chase N. Miller, Esquire

- Via File & ServeXpress Wilson L. Miles, Pro Se

- Via U.S. Mail

33 Plus interest accruing from August 1, 2023, at the per diem rate of $4.50, and late charges and advances to the date of confirmation.