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Dover Fed. Credit Union v. Liberto

2003 WL 21232405 (2003)

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Dover Fed. Credit Union v. Liberto

Delaware Court of Common Pleas
2003 WL 21232405 (2003)

Facts

Yalonda Anthony put her titled minivan in a self-storage unit owned by Anthony Liberto (defendant) and executed a rental agreement with Liberto. Dover Federal Credit Union (Credit Union) (plaintiff) had a valid lien on the minivan secured by the minivan’s title pursuant to a loan agreement with Anthony. Liberto also had a lien on the minivan pursuant to the rental agreement with Anthony. Anthony defaulted on both the loan agreement with Credit Union and on the rental agreement with Liberto. Credit Union filed a lawsuit in replevin against Liberto, seeking possession of the minivan. Liberto counterclaimed, demanding that the full amount of the storage lien be paid prior to releasing the minivan to Credit Union. Credit Union maintained that its lien was superior to Liberto’s, and that consequently it was entitled to possession of the minivan before Liberto was paid on his own lien.

Rule of Law

Issue

Holding and Reasoning (Trader, J.)

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