MONEY STORE/DELAWARE, INC. v. KAMARA

No. 95L-05-008 HDR.

704 A.2d 282 (1997)

The MONEY STORE/DELAWARE, INC., Plaintiff, v. James M. KAMARA, Rebecca M. Kamara, Defendants.

Superior Court of Delaware, Kent County.

Decided: July 10, 1997.


Attorney(s) appearing for the Case

Stephen P. Doughty, of Lyons & Doughty, Wilmington, for Plaintiff.

James M. Kamara and Rebecca M. Kamara, pro se.


OPINION

RIDGELY, President Judge.

The narrow but important issue before the Court is whether there is a right to a trial by jury in a mortgage foreclosure proceeding. The Money Store/Delaware, Inc. ("The Money Store") brought a scire facias sur mortgage action against James and Rebecca Kamara ("Kamaras"), seeking foreclosure on a mortgage and judgment on a balloon note. The balloon note was secured by a mortgage on the Kamaras' property. Default in...

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