Tamirie v. Servis One, Inc. D/B/A BSI Financial Services

Summary

The Delaware Superior Court granted Servis One, Inc. d/b/a BSI Financial Services’ motion to dismiss claims arising from a disputed mortgage loan modification. The court held that the plaintiff’s breach of contract, Delaware Consumer Fraud Act, negligent misrepresentation, and unjust enrichment claims were barred by the applicable three-year statute of limitations, which accrued when she signed the modification agreement. The court also noted that BSI was not a party to the agreement and that the alleged discrepancies were discoverable upon review of the signed documents.

Holdings

1. The breach of contract claim accrued when Tamirie signed the written loan modification containing the allegedly inconsistent terms on March 11, 2022, and the three-year statute of limitations expired on March 11, 2025. Because Tamirie filed suit on August 28, 2025, the claim was barred.
2. Equitable tolling, the discovery doctrine, and the continuing wrong doctrine did not toll the limitations period because Tamirie could have discovered the alleged discrepancies by reviewing the written agreement when she signed it on March 11, 2022.
3. The Delaware Consumer Fraud Act, negligent misrepresentation, and unjust enrichment claims were also subject to three-year limitations periods and were barred for the same accrual-date reason.
4. A complaint may be dismissed at the pleading stage on statute of limitations grounds when the pleaded facts establish that the claim is untimely and do not support a conceivable tolling doctrine.

Questions Presented

1. Whether the breach of contract, Delaware Consumer Fraud Act, negligent misrepresentation, and unjust enrichment claims were barred by the applicable three-year statute of limitations.
2. Whether equitable tolling, the discovery doctrine, or the continuing wrong doctrine delayed or tolled accrual of the claims.
3. Whether the claims could otherwise proceed against BSI even though BSI was not a party to the written loan modification agreement.

Disposition

dismissed