Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 2101. Form of mortgage; effect [For application of section, see 80 Del. Laws, c. 280, § 2].
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§ 2101. Form of mortgage; effect [For application of section, see 80 Del. Laws, c. 280, § 2]. (a) The following shall be a sufficient form of mortgage for the purpose of creating a lien on real estate within this State: WHEREAS, A. D. of , hereinafter called party of the first pa…
25 Del. C. § 2102. Minor’s bond, obligation or mortgage.
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§ 2102. Minor’s bond, obligation or mortgage. The signature, seal and acknowledgment of a person under the age of 21 years and of the age of at least 18 years to any bond, other obligation and/or mortgage shall be valid and legally effective for all intents and purposes in law or…
25 Del. C. § 2103. Effect of mortgage executed by trustee for mentally ill spouse.
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§ 2103. Effect of mortgage executed by trustee for mentally ill spouse. Any mortgage executed and acknowledged by a trustee for a mentally ill married man or woman, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectual to bar and di…
25 Del. C. § 2104. Purchase money mortgage of married woman; liability of husband.
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§ 2104. Purchase money mortgage of married woman; liability of husband. Where a married woman becomes a purchaser of real estate, she may secure the purchase money, or part of it, by recognizance, bond, mortgage or otherwise as single women may, and her husband need not be a part…
25 Del. C. § 2105. Purchase money mortgage by married woman.
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§ 2105. Purchase money mortgage by married woman. A married woman may secure the purchase money or part of it for real estate purchased by her, and give a bond, as provided by § 2104 of this title.Code 1852, § 1614; Code 1915, § 3200; Code 1935, § 3661; 25 Del. C. 1953, § 2105; 7…
25 Del. C. § 2106. Priority of mortgage from time of recording.
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§ 2106. Priority of mortgage from time of recording. A mortgage, or a conveyance in the nature of a mortgage, of lands or tenements shall have priority according to the time of recording it in the proper office, without respect to the time of its being sealed and delivered, and s…
25 Del. C. § 2107. Priority of mortgages recorded at same time.
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§ 2107. Priority of mortgages recorded at same time. If 2 or more mortgages, or conveyances in the nature of mortgages, of the same premises are lodged in the same office at the same time, they shall stand in priority in relation to each other, according to their respective dates…
25 Del. C. § 2108. Priority of purchase money mortgages.
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§ 2108. Priority of purchase money mortgages. (a) For purposes of this section, “purchase money mortgage” means 1 or more of the following: (1) A mortgage taken by the seller of the mortgaged property to secure the payment of all or part of the purchase price. (2) A mortgage take…
25 Del. C. § 2109. Assignment of mortgages.
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§ 2109. Assignment of mortgages. (a) An assignment of a mortgage or any sealed instrument attested by 1 creditable witness shall be valid and effectual to convey all the right and interests of the assignor. (b) All assignments of mortgages or any sealed instruments heretofore mad…
25 Del. C. § 2110. Effect of release of part of mortgaged premises; acknowledgment and recording.
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§ 2110. Effect of release of part of mortgaged premises; acknowledgment and recording. The release by the mortgagee or that mortgagee’s assigns, executed at the instance of the mortgagor, that mortgagor’s heirs or assigns, of any part of the mortgaged premises shall not be deemed…
25 Del. C. § 2111. Satisfaction of mortgages; penalty; enforcement in Superior Court.
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§ 2111. Satisfaction of mortgages; penalty; enforcement in Superior Court. (a) Whenever the debt or duty secured by a mortgage or conveyance in the nature of a mortgage is satisfied or performed, the legal holder of such mortgage or conveyance at the time the satisfaction or perf…
25 Del. C. § 2112. Effect of satisfaction of mortgage by Regional Manager or Treasurer of Home Owners’ Loan Corporation.
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§ 2112. Effect of satisfaction of mortgage by Regional Manager or Treasurer of Home Owners’ Loan Corporation. When any mortgage has been satisfied pursuant to a power of attorney executed by the Regional Manager or Regional Treasurer in the name of the Home Owners’ Loan Corporati…
25 Del. C. § 2113. Effect of entry of satisfaction.
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§ 2113. Effect of entry of satisfaction. An entry of satisfaction or performance made in accordance with this chapter shall extinguish the mortgage or conveyance, and the effect shall be the same as if such mortgage or conveyance had not been made.Code 1852, § 1636; Code 1915, § …
25 Del. C. § 2114. Damages for nonentry of satisfaction.
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§ 2114. Damages for nonentry of satisfaction. If any person commits a default under § 2111 of this title, such person, that person’s executors or administrators, or if it is a corporation, such corporation, in addition to the other penalties provided for shall be liable to the pa…
25 Del. C. § 2115. Procedure to compel entry of satisfaction of mortgage or judgment.
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§ 2115. Procedure to compel entry of satisfaction of mortgage or judgment. (a) In all cases where mortgages or judgments are liens on real estate in this State and the same have been paid and the mortgagee or obligee or their executors, administrators or assigns refuses or neglec…
25 Del. C. § 2116. Reconveyance upon satisfaction or performance.
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§ 2116. Reconveyance upon satisfaction or performance. When a debt or duty, secured by a mortgage, or conveyance in the nature of a mortgage is satisfied or performed, the person or corporation in whom the title under such mortgage or conveyance is, shall upon the reasonable requ…
25 Del. C. § 2117. Entry of partial payments on record; penalty for refusal; exceptions.
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§ 2117. Entry of partial payments on record; penalty for refusal; exceptions. Repealed by 72 Del. Laws, c. 29, § 1, effective May 12, 1999.
25 Del. C. § 2118. Priority of mortgages and other instruments securing future advances and certain other advances; modifications of mortgages and other instruments.
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§ 2118. Priority of mortgages and other instruments securing future advances and certain other advances; modifications of mortgages and other instruments. (a) Any mortgage or other instrument given for the purpose of creating a lien on real property, when so expressed therein or …
25 Del. C. § 2119. Insurance requirements for mortgages.
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§ 2119. Insurance requirements for mortgages. (a) The mortgagee or obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by any authorized insurer or its agent if the bin…
25 Del. C. § 2120. Authorization to satisfy mortgage.
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§ 2120. Authorization to satisfy mortgage. (a) An attorney authorized to practice law in the State who has paid in full or caused to be paid in full a debt owed by any debtor to any creditor holding a mortgage securing such debt and encumbering a property owned by the debtor, or …
25 Del. C. § 2121. Instruments transferring, pledging or assigning lessors’ interests in leases or rents arising from real property as security.
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§ 2121. Instruments transferring, pledging or assigning lessors’ interests in leases or rents arising from real property as security. (a) Upon recording, in the office of the recorder of deeds in and for the county where the real property lies, of any instrument transferring, ple…
25 Del. C. § 2122. Procedure to strike an entry of satisfaction or other indication of a mortgage satisfaction.
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§ 2122. Procedure to strike an entry of satisfaction or other indication of a mortgage satisfaction. (a) When entry of satisfaction, recordation of a mortgage satisfaction piece or other indication of a mortgage satisfaction has been made upon the record through inadvertence, err…
25 Del. C. § 2123. Satisfaction of mortgage after lapse of time.
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§ 2123. Satisfaction of mortgage after lapse of time. (a) Any mortgage or deed of trust having the effect of a mortgage (hereinafter “mortgage”) that is unsatisfied upon the public records and remains a lien on any real estate may be satisfied pursuant to the procedures set forth…
25 Del. C. § 2124. Recordation of mortgagee’s change of address.
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§ 2124. Recordation of mortgagee’s change of address. (a) Any mortgagee or any assignee of a mortgage under § 2109 of this title that changes its notice address from the address stated in any mortgage or assignment of mortgage must, within 60 days of a change in its notice addres…