FACTUAL AND PROCEDURAL BACKGROUND Unless otherwise noted, the facts are as stated in the Superior Court's decision, Baffone v. Brady, 2011 WL 2165136 (Del.Super. April 26, 2011). The issue arose in the following way: Angelo and Mary Galantino, the defendants-below, appellants (the “sellers”), owned certain property located at 869 S. DuPont Highway in New Castle (the “property”) that is the subject of this foreclosure action.
A fuller recounting of the facts and wearying proceedings leading to this point are found in this and the Supreme Court's prior opinions. See Commonwealth Land Title Ins. Co. v. Funk, 2015 WL 8623183 (Del. Super. Ct. Apr. 22, 2015) (opinion on third party defendants' motion to dismiss and request for sanctions); Commonwealth Land Title Ins. Co. v. Funk, 2014 WL 8623183 (Del. Super. Ct. Dec. 22, 2014) (opinion on defendants' motion to dismiss);Baffone v. Brady, 2011 WL 2165136, at *3 (Del. Super. Ct. Apr. 26, 2011) (court's opinion determining underlying mortgage priority dispute), rev'd, Galantino v. Baffone, 46 A.3d 1076 (Del. 2012). This matter involves a claim for contractual indemnification arising out of a property sale in which the Funk Defendants served as the closing agent.