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Photo of Kent Co

Court

Kent Co

Delaware

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Case Information

Filed 2023-10-31
Status JUDGMENT - JUDGMENT
Type L 1 Mortgage Commercial
Docket 100 entries
Disposition default judgment

Parties

Plaintiff Forethought Life Insurance Company
Defendant A&e Property Solutions Llc|Miller, Albert|Miller, Elmina
Photo of Hon. Green-Streett Reneta L

Judge

Hon. Green-Streett Reneta L

Kent County (DE)

Delaware

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Lawyers

Docket Entries

  1. WRIT RETURN (GENERIC)
  2. INITIAL COMPLAINT
  3. NOTICE
  4. WRIT RETURN (GENERIC)
  5. WRIT RETURN (GENERIC)
  6. WRIT RETURN (GENERIC)
  7. ALIAS PRAECIPE FILED
  8. WRIT ISSUED
  9. WRIT RETURN (GENERIC)
  10. WRIT RETURN (GENERIC)
  11. WRIT RETURN (GENERIC)
  12. PLURIES PRAECIPE
  13. WRIT ISSUED
  14. WRIT RETURN (GENERIC)
  15. WRIT RETURN (GENERIC)
  16. WRIT RETURN (GENERIC)
  17. PLURIES PRAECIPE
  18. PLURIES SUMMONS
  19. WRIT ISSUED
  20. WRIT RETURN (GENERIC)
  21. MOTION
  22. ORDER
  23. MOTION
  24. ORDER
  25. PLURIES PRAECIPE
  26. WRIT RETURN (GENERIC)
  27. WRIT RETURN (GENERIC)
  28. WRIT RETURN (GENERIC)
  29. ENTRY OF APPEARANCE FILED
  30. NOTICE OF SERVICE
  31. ORDER
  32. MOTION GRANTED
  33. JUDICIAL ACTION FORM
  34. DEFAULT JUDGMENT
  35. LEVARI FACIAS
  36. WRIT ISSUED
  37. CIVIL RULE 69 (G)
  38. WRIT(S) ISSUED ON DATE DOCKETED: JANUARY 30, 2024 ORDER SIGNED BY: FREUD, ANDREA MAYBEE 2ND PLURIES WRIT OF SCIRE FACIAS SUR MORTGAGE SIGNED AND COURT SEAL APPLIED. SENT TO KENT COUNTY SHERIFF ON 1-29-2024 FOR SERVICE ON A & E PROPERTY SOLUTIONS, ALBERT MILLER, & ELMINA MILLER. ACCEPTED BY: TRANSACTION ID: 71897182
  39. WRIT RETURN (GENERIC)
  40. WRIT RETURNED: DATE DOCKETED: FEBRUARY 2, 2024 MAILED SERVED 01-31-2024 10:00 A&E PROPERTY SOLUTIONS LLC C O ALBERT MILLER ACCEPTED BY: TRANSACTION ID: 71914951
  41. MOTION
  42. MOTION DATE DOCKETED: FEBRUARY 20, 2024 MOTION FOR SERVICE BY PUBLICATION AND POSTING AS TO DEFENDANTS ALBERT MILLER AND ELMINA MILLER PLEASE TAKE NOTICE THAT THE PLAINTIFFS MOTION FOR SERVICE BY PUBLICATION AND POSTING WILL HEARD AT THE CONVENIENCE OF THIS HONORABLE COURT EXHIBIT A NOVEMBER 2023 SHERIFF RETURNS REGARDING MOTION FOR SERVICE BY PUBLICATION AND POSTING EXHIBIT B DECEMBER 2023 SHERIFF RETURNS REGARDING MOTION FOR SERVICE BY PUBLICATION AND POSTING EXHIBIT C JANUARY 2024 SHERIFF RETURNS REGARDING MOTION FOR SERVICE BY PUBLICATION AND POSTING EXHIBIT D JANUARY 31, 2024 SHERIFF RETURN POSTING AS TO DEFENDANT A&E PROPERTY SOLUTIONS LLC REGARDING MOTION FOR SERVICE BY PUBLICATION AND POSTING PROPOSED ORDER GRANTING PLAINTIFFS MOTION FOR SERVICE BY PUBLICATION AND POSTING CERTIFICATE OF SERVICE OF PLAINTIFFS MOTION FOR SERVICE BY PUBLICATION AND POSTING ACCEPTED BY: TRANSACTION ID: 72052749
  43. ORDER
  44. ORDER DATE DOCKETED: FEBRUARY 21, 2024 ORDER SIGNED BY: GREEN-STREETT, RENETA L ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION AND SETTING HEARING FOR ENTRY OF DEFAULT JUDGMENT TO BE HEARD ON FRIDAY, MAY 10, 2024, AT 11 AM; SIGNED BY JUDGE RENETA L. GREEN-STREETT ON 2-19-2024. ACCEPTED BY: TRANSACTION ID: 72090632
  45. MOTION
  46. MOTION DATE DOCKETED: FEBRUARY 22, 2024 MOTION FOR EXTENSION OF TIME PLEASE TAKE NOTICE THAT THE PLAINTIFFS MOTION FOR EXTENSION OF TIME FOR SERVICE OF FORECLOSURE COMPLAINT WILL BE PRESENTED AT THE CONVENIENCE OF THIS HONORABLE COURT. EXHIBIT A NOVEMBER 13, 2023 SHERIFF RETURNS REGARDING MOTION FOR AN EXTENSION OF TIME. EXHIBIT B DECEMBER 4, 2023 SHERIFF RETURNS REGARDING MOTION FOR AN EXTENSION OF TIME EXHIBIT C JANUARY 8, 2024 SHERIFF RETURNS REGARDING MOTION FOR EXTENSION OF TIME EXHIBIT D JANUARY 31, 2024 SHERIFF RETURNS REGARDING MOTION FOR AN EXTENSION OF TIME PROPOSED ORDER GRANTING PLAINTIFFS MOTION FOR AN EXTENSION OF TIME CERTIFICATE OF SERVICE OF PLAINTIFFS MOTION FOR AN EXTENSION OF TIME. ACCEPTED BY: TRANSACTION ID: 72094935
  47. ORDER
  48. ORDER DATE DOCKETED: FEBRUARY 22, 2024 ORDER SIGNED BY: FREUD, ANDREA MAYBEE ORDER GRANTING MOTION FOR EXTENSION OF TIME FOR SERVICE SIGNED BY COMMISSIONER FREUD ON 2-21-2024. ACCEPTED BY: TRANSACTION ID: 72098826
  49. PLURIES PRAECIPE
  50. PLURIES PRAECIPE DATE DOCKETED: FEBRUARY 27, 2024 SECOND PLURIES PRAECIPE TO ISSUE SECOND PLURIES SUMMONS TO THE SHERIFF OF KENT COUNT SECOND PLURIES SUMMONS TO THE SHERIFF OF KENT COUNTY ACCEPTED BY: TRANSACTION ID: 72141703
  51. WRIT RETURN (GENERIC)
  52. WRIT RETURNED: DATE DOCKETED: MARCH 21, 2024 ORDER SIGNED BY: FREUD, ANDREA MAYBEE WRITS SIGNED AND COURT SEAL APPLIED. SENT TO KENT COUNTY SHERIFF ON 3-19-2024 FOR PUBLICATION IN ANY LOCAL NEWSPAPER. ACCEPTED BY: TRANSACTION ID: 72560777
  53. WRIT RETURN (GENERIC)
  54. WRIT RETURNED: DATE DOCKETED: MARCH 26, 2024 POSTED SERVED 03-21-2024 10:00 POST PROPERTY - 98 WALNUT SHADE ROAD, DOVER DE 19904 ACCEPTED BY: TRANSACTION ID: 72588761
  55. WRIT RETURN (GENERIC)
  56. WRIT RETURNED: DATE DOCKETED: APRIL 19, 2024 PERSONAL SERVED 04-17-2024 10:00 ADVERTISE IN DELAWARE STATE NEWS ACCEPTED BY: TRANSACTION ID: 72765217
  57. ENTRY OF APPEARANCE FILED
  58. ENTRY OF APPEARANCE DATE DOCKETED: MAY 7, 2024 PLEASE ENTER THE APPEARANCE OF DARLENE BLYTHE, ESQUIRE OF ORLANS PC AS CO-COUNSEL FOR PLAINTIFF. CERTIFICATE OF SERVICE OF ENTRY OF APPEARANCE ACCEPTED BY: TRANSACTION ID: 72900272
  59. NOTICE OF SERVICE
  60. NOTICE OF SERVICE DATE DOCKETED: MAY 10, 2024 PLEASE TAKE NOTICE THAT SERVICE WAS COMPLETED ON MARCH 21, 2024, THE SHERIFF OF NEW CASTLE COUNTY WHO POSTED THE PROPERTY LOCATED AT 98 WALNUT SHADE ROAD, DOVER DELAWARE 19904 AND BY PUBLICATION ON APRIL 3, 2024, APRIL, 10, 2024 AND APRIL 17, 2024 BY THE DELAWARE STATE NEWS. AFFIDAVITS OF POSTING AND PUBLICATION HAVE BEEN FILED ON THE DOCKET. PROPOSED ORDER GRANTING PLAINTIFFS REQUEST TO DEEM SERVICE COMPLETED AND THAT PLAINTIFF CAN FILE ITS DIRECTION FOR DEFAULT JUDGMENT CERTIFICATE OF SERVICE OF NOTICE OF SERVICE ACCEPTED BY: TRANSACTION ID: 73004690
  61. ORDER
  62. ORDER DATE DOCKETED: MAY 11, 2024 ORDER SIGNED BY: GREEN-STREETT, RENETA L GRANTED - ORDER FOR ENTRY FOR DIRECTION OF DEFAULT JUDGMENT SIGNED BY JUDGE RENETA L. GREEN-STREETT ON 5-10-2024. ACCEPTED BY: TRANSACTION ID: 73019919
  63. MOTION GRANTED
  64. MOTION GRANTED DATE DOCKETED: MAY 10, 2024
  65. JUDICIAL ACTION FORM
  66. JUDICIAL ACTION FORM DATE DOCKETED: MAY 11, 2024 JUDICIAL ACTION FORM FROM CIVIL MOTION HEARING ON 5-10-2024 AT 11 AM. SEE DOCUMENT FOR ADDITIONAL DETAILS. ACCEPTED BY: TRANSACTION ID: 73025120
  67. DEFAULT JUDGMENT
  68. DIRECTION TO ENTER DEFAULT JUDGMENT DATE DOCKETED: MAY 17, 2024 JUDGMENT IS ENTERED AGAINST: A&E PROPERTY SOLUTIONS LLC ALBERT MILLER ELMINA MILLER JUDGMENT AMOUNTS TO BE PAID AS FOLLOWS: PRINCIPAL BALANCE $125896.33 INTEREST TO 5-31-24 AT $30.42 $14621.88 PER DIEM DEFAULT INTEREST ACCRUED $6702.54 ESCROW ADVANCE $122.07 LATE CHARGES $1122.60 CORPORATE ADVANCES $5431.01 TOTAL JUDGMENT AMOUNT= $153896.43 DIRECTION FOR ENTRY OF JUDGMENT LETTER OF NON LOSS MITIGATION AFFIDAVIT OF PLAINTIFF'S COUNSEL IN SUPPORT OF DEFAULT JUDGMENT WITH SCRA SEARCH AFFIDAVIT OF PLAINTIFF'S COUNSEL EXHIBIT A - NOTICE TO LIENHOLDERS AND TENANTS OF FORECLOSURE EXHIBIT B - CERTIFIED MAILING RECEIPTS EXHIBIT C - RETURNED EXECUTED MAIL & GREEN CARDS EXHIBIT D - AFFIDAVIT OF POSTING ACCEPTED BY: TRANSACTION ID: 73071904
  69. LEVARI FACIAS
  70. PRAECIPE FOR WRIT OF LEVARI FACIAS DATE DOCKETED: JUNE 5, 2024 LEVARI FACIAS PRAECIPE ACCEPTED BY: TRANSACTION ID: 73298391
  71. WRIT ISSUED
  72. WRIT(S) ISSUED ON DATE DOCKETED: JUNE 12, 2024 WRIT OF LEV. FAC. SIGNED AND COURT SEAL APPLIED. SENT TO KENT COUNTY SHERIFF ON 6-11-2024 FOR SERVICE ON DEFENDANT. ACCEPTED BY: TRANSACTION ID: 73366080
  73. CIVIL RULE 69 (G)
  74. NOTICE TO LIENHOLDERS OF SHERIFF'S SALE AND PROOF OF POSTING PURSUANT TO SUPERIOR COURT CIVIL RULE 69 (G) FILED DATE DOCKETED: JULY 26, 2024 AFFIDAVIT OF COUNSEL OF NOTICE TO LIEN HOLDERS, TENANTS, RECORD OWNERS AND PERSONS HAVING INTEREST OF SHERIFF'S SALE OF REAL ESTATE EXHIBIT A- NOTICE OF SHERIFF'S SALE WITH SHERIFF'S AD EXHIBIT B- CERTIFIED MAILING RECEIPTS EXHIBIT C- AFFIDAVIT OF POSTING ACCEPTED BY: TRANSACTION ID: 73793355
  75. WRIT RETURN (GENERIC)
  76. WRIT RETURNED: DATE DOCKETED: OCTOBER 11, 2024 SALE BUY BACK 08-01-2024 10:00 A&E PROPERTY SOLUTIONS LLC ACCEPTED BY: TRANSACTION ID: 74729327

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