Title 25 — Property

§ 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…

§ 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…

§ 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…

§ 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…

§ 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, § …

§ 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…

§ 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…

§ 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…

§ 2117. Entry of partial payments on record; penalty for refusal; exceptions. Repealed by 72 Del. Laws, c. 29, § 1, effective May 12, 1999.

§ 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 …

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 2501. Authorization and effect. (a) It shall be lawful for any lessee of any lands or premises situate in this State for a term of 10 years or more to mortgage that lessee’s lease or term in the demised premises with all buildings, fixtures and machinery thereon belonging to th…

§ 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2]. This chapter shall be known and may be cited as the “Commercial Real Estate Broker’s Lien Act.”79 Del. Laws, c. 18, § 1;

§ 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2]. As used in this chapter, the term: (1) “Broker” means any individual who holds a broker license from the Delaware Real Estate Commission and who for a compensation or valuable consideration, is s…

§ 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. Upon performance of all of the duties of the real estate broker as stated in the brokerage agreement except completing settlement, the broker shall have the right to place a lien upon commercia…

§ 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. (a) The claim for a broker’s lien shall attach to the commercial real estate upon the broker filing an affidavit and notice of broker’s lien in the form required in this chapter in the office o…

§ 2605. When to file the affidavit and notice of broker’s lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. The lien shall be recorded within 90 days of the failure to pay upon completion of the duties under § 2603 of this title or the agreed upon payment sche…

§ 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2]. The affidavit and notice of broker’s lien shall state the name of the broker claiming the broker’s lien, the name of the record owner of the commercial real estate that is the su…

§ 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker shall cause a copy of the affidavit and notice of broker’s lien to be mailed to the record owner of the commercial real estate by certified mail, return receipt request…

§ 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker’s lien shall be void and unenforceable if filing does not occur within the time and in the manner required by this chapter. A broker’s lien properly asserted against …

§ 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2]. Whenever an affidavit and notice of broker’s lien has been recorded, the record owner of the commercial real estate or the tenant in case of a lien upon the leasehold estate may have th…

§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. A broker may bring suit to enforce the broker’s lien in the Superior Court in the county where the commercial real estate is located (or in either county if the commercial real estate is …

§ 2611. Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]. The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurr…

§ 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker’s lien shall be a lien on the commercial real estate that is the subject of the notice of lien and shall have priority from the time it has been filed as required by this chapter…

§ 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. (a) Whenever a notice of lien has been filed and a condition occurs that in good faith would preclude the broker from receiving compensation under the terms of the brokerage a…

§ 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2]. An agreement by a broker to waive its right to a broker’s lien without having first received full payment is against public policy, void, and unenforceable.79 Del. Laws, c. 18, § 1;

§ 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2]. To the extent that this chapter conflicts with § 1601(b)(1) of this title, this later chapter shall control.79 Del. Laws, c. 18, § 1;

§ 2901. Lien of taxes and other charges; Notice of Lien. (a) (1) Except as otherwise provided, “lien” or “liens” as used in this section shall arise whenever the following charges, as defined in this section, are levied or imposed by the State or any political subdivision thereof…

§ 2902. Attachment of lien to proceeds of sale. In case any real estate upon which a tax lien exists is sold by an order of the Court of Chancery directing an executor or administrator to sell the real estate to pay the debts of a deceased person or is sold by virtue of an execut…

§ 2903. Duration of lien. (a) In New Castle County, all taxes assessed against real estate shall continue a lien against the real estate within the County for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the pers…

§ 2904. Payment of taxes by lienholder; action for collection. Any person having a lien upon any real estate located within the State may pay to the parties entitled thereto any taxes which are by law liens upon or against the real estate. Any person who has paid any such taxes s…

§ 2905. Action by lienholder to collect tax lien; amount of recovery; affidavit of demand. In any action brought to collect any lien upon real estate located within this State, the lienholder shall obtain in the final judgment in the cause the amount of money paid on account of t…

§ 2906. Priority of liens of the State and political subdivisions on real estate; extinction of such liens. (a) Except as otherwise provided in subsection (b) of this section, liens for taxes and other government charges levied and imposed by the State or its political subdivisio…

§ 3101. Federal tax liens and liens notices. This chapter applies to federal tax liens, and also to other federal liens notices, of which under any Act of Congress or any regulations drafted pursuant thereto, are required or permitted to be filed in the same manner as notices of …

§ 3102. Place of filing. (a) Notices of liens, certificates and other notices affecting federal liens must be filed in accordance with this chapter. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting such li…

§ 3103. Execution of notices and certificates. Certification of notices of liens, certificates or other notices affecting federal liens by the Secretary of the Treasury of the United States or the Secretary’s delegate or by any official or entity of the United States responsible …

§ 3104. Duties of filing officer. (a) If a notice of federal lien, a refiling of a notice of federal lien or a notice of revocation of any certificate in subsection (b) of this section is presented to a filing officer who is: (1) The Secretary of State, the Secretary of State sha…

§ 3105. Fees. (a) The fee for filing and indexing each notice of lien, or certificate or notice affecting the lien, is: (1) For a lien on real estate, $20; (2) For a lien on tangible and intangible personal property, $10; (3) For a certificate of discharge or subordination, $5; (…

§ 3501. Enforcement by public sale; nature of sale. In all cases in which commission merchants, factors and all common carriers or other persons have a lien under existing laws upon any goods, wares, merchandise or other personal property for or on account of the costs or expense…

§ 3502. Notice in special cases; jurisdiction of justices of the peace in cases of perishable property. Upon the application of any of the persons or corporations having a lien upon goods, wares, merchandise or other property, as mentioned in § 3501 of this title verified by affi…

§ 3503. Disposition of proceeds of sale. The residue of moneys arising from any sales, either under § 3501 or § 3502 of this title, after deducting the amount of the lien together with costs of advertising and sales, shall be held subject to the order of the owner of the property…

§ 3701. Preference of lien. Ships and vessels of all kinds built, repaired, fitted, furnished and supplied with necessities for navigation within this State, shall be subject to a lien for all debts contracted by the builders, owners, master, agents or consignees thereof for work…

§ 3702. Duration of lien. The lien shall continue for and during the period of 2 years next after the work is done or the materials or supplies are furnished or provided to the ship or vessel and no longer.22 Del. Laws, c. 208, § 2; Code 1915, § 2861; Code 1935, § 3342; 25 Del. C…

§ 3703. Persons entitled to lien. The lien for work done or materials and supplies furnished shall exist in favor of all ship builders, ship chandlers, merchants, dealers, tradesmen and mechanics for all work done or materials and supplies furnished or provided in or about the bu…

§ 3901. Persons entitled to liens. (a) Any hotelkeeper, innkeeper, garage owner, auction service or other person who keeps a livery, boarding stable, garage, airport, marina or other establishment and, for price or reward at such livery, boarding stable, garage, airport, marina o…