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EASTERN SAV. BANK, FSB v. CACH, LLC

No. 88, 2012.

55 A.3d 344 (2012)

EASTERN SAVINGS BANK, FSB, Defendant Below, Appellants, v. CACH, LLC, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: August 24, 2012.

Reargument Denied September 12, 2012.

Attorney(s) appearing for the Case

David E. Matlusky and Brett Bendistis , The Matlusky Firm, LLC, Wilmington, Delaware, for appellants.

Patrick Scanlon , Law Offices of Patrick Scanlon, P.A., Milford, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

STEELE, Chief Justice:

The New Castle County Sheriff sold real property encumbered with a judgment lien and a mortgage lien, in that order of priority, at a mandated sheriff's sale. The Sheriff disbursed the proceeds to Eastern Savings Bank, the mortgage lien holder. CACH, LLC, the judgment lien holder, filed a complaint in the Court of Common Pleas alleging misappropriation and unjust enrichment. The Court of Common Pleas judge denied CACH's Motion for Summary Judgment...

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