reglab/housing_qa huggingface dataset:
6 DE Code § 9-515. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.

§ 9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement. (a) Five-year effectiveness. — Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of five years after the date of filing. (b) Public-finance or manufactured-home transaction. — Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction. (c) Lapse and continuation of financing statement. — The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value. (d) When continuation statement may be filed. — A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable. (e) Effect of filing continuation statement. — Except as otherwise provided in Section 9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement. (f) Transmitting utility financing statement. — If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed. (g) Record of mortgage as financing statement. — A record of a mortgage that is effective as a financing statement filed as a fixture filing under Section 9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property. 72 Del. Laws, c. 401, §  1;  79 Del. Laws, c. 15, §  19;
6 DE Code § 9-517. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-517. Effect of indexing errors.

§ 9-517. Effect of indexing errors. The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. 72 Del. Laws, c. 401, §  1;
6 DE Code § 9-518. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-518. Claim concerning inaccurate or wrongfully filed record.

§ 9-518. Claim concerning inaccurate or wrongfully filed record. (a) Statement with respect to record indexed under person's name. — A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed. (b) Contents of statement under subsection (a). — An information statement under subsection (a) must:  (1) identify the record to which it relates by:  (A) the file number assigned to the initial financing statement to which the record relates; and (B) if the information statement relates to a record filed in a filing office described in Section 9-501(a)(1), the date that the initial financing statement was filed and the information specified in Section 9-502(b); (2) indicate that it is an information statement; and (3) provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed. (c) Statement by secured party of record. — A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under Section 9-509(d). (d) Contents of statement under subsection (c). — An information statement under subsection (c) must:  (1) identify the record to which it relates by:  (A) the file number assigned to the initial financing statement to which the record relates; and  (B) if the information statement relates to a record filed in a filing office described in Section 9-501(a)(1), the date that the initial financing statement was filed and the information specified in Section 9-502(b);  (2) indicate that it is an information statement; and  (3) provide the basis for the person's belief that the person that filed the record was not entitled to do so under Section 9-509(d). (e) Record not affected by information statement. — The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record. 72 Del. Laws, c. 401, §  1;  79 Del. Laws, c. 15, §  23;
6 DE Code § 9-520. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-520. Acceptance and refusal to accept record.

§ 9-520. Acceptance and refusal to accept record. (a) Mandatory refusal to accept record. — A filing office shall refuse to accept a record for filing for a reason set forth in Section 9-516(b) and may not refuse to accept a record for filing for any other reason. (b) Communication concerning refusal. — If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule. (c) When filed financing statement effective. — A filed financing statement satisfying Section 9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, Section 9-338 applies to a filed financing statement providing information described in Section 9-516(b)(5) which is incorrect at the time the financing statement is filed. (d) Separate application to multiple debtors. — If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately. 72 Del. Laws, c. 401, §  1;
6 DE Code § 9-521. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-521. Uniform form of written financing statement and amendment.

§ 9-521. Uniform form of written financing statement and amendment. (a) Initial financing statement form. — A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth in Section 9-516(b):    (b) Amendment form. — A filing office that accepts written records may not refuse to accept a written record in the following forms and formats except for a reason set forth in § 9-516(b):      72 Del. Laws, c. 401, §  1;  77 Del. Laws, c. 31, §§  1, 2;  79 Del. Laws, c. 15, §§  24, 25;
6 DE Code § 9-522. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-522. Maintenance and destruction of records.

§ 9-522. Maintenance and destruction of records. (a) Post-lapse maintenance and retrieval of information. — The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under Section 9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates. (b) Destruction of written records. — Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a). 72 Del. Laws, c. 401, §  1;
6 DE Code § 9-523. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-523. Information from filing office; sale or license of records.

§ 9-523. Information from filing office; sale or license of records. (a) Acknowledgment of filing written record. — If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:  (1) note upon the copy the number assigned to the record pursuant to Section 9-519(a)(1) and the date and time of the filing of the record; and (2) send the copy to the person. (b) Acknowledgment of filing other record. — If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:  (1) the information in the record; (2) the number assigned to the record pursuant to Section 9-519(a)(1); and (3) the date and time of the filing of the record. (c) Communication of requested information. — The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:  (1) whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:  (A) designates a particular debtor; (B) has not lapsed under Section 9-515 with respect to all secured parties of record; and (C) if the request so states, has lapsed under Section 9-515 and a record of which is maintained by the filing office under Section 9-522(a); (2) the date and time of filing of each financing statement; and (3) the information provided in each financing statement. (d) Medium for communicating information. — In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this State without extrinsic evidence of its authenticity. (e) Timeliness of filing office performance. — The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule. (f) Public availability of records. — At least weekly, the office of the Secretary of State may offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office. 72 Del. Laws, c. 401, §  1;
6 DE Code § 9-524. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-524. Delay by filing office.

§ 9-524. Delay by filing office. Delay by the filing office beyond a time limit prescribed by this part is excused if:  (1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and (2) the filing office exercises reasonable diligence under the circumstances.72 Del. Laws, c. 401, §  1;
6 DE Code § 9-526. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 5. Filing|§ 9-526. Filing-office rules.

§ 9-526. Filing-office rules. (a) Adoption of filing-office rules. — The Secretary of State shall adopt and publish rules to implement this Article. The filing-office rules must be:  (1) consistent with this Article; and (2) adopted and published in accordance with Chapter 101 of Title 29 (the Delaware Administrative Procedures Act). (b) Harmonization of rules. — To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the office of the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this Article, in adopting, amending, and repealing filing-office rules, shall:  (1) consult with filing offices in other jurisdictions that enact substantially this part; and (2) consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and (3) take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.72 Del. Laws, c. 401, §  1;
6 DE Code § 9-601. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 6. Default|§ 9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

§ 9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after default. — After default, a secured party has the rights provided in this part and, except as otherwise provided in Section 9-602, those provided by agreement of the parties. A secured party:  (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and (2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights and duties of secured party in possession or control. — A secured party in possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-106, or 9-107 has the rights and duties provided in Section 9-207. (c) Rights cumulative; simultaneous exercise. — The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously. (d) Rights of debtor and obligor. — Except as otherwise provided in subsection (g) and Section 9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties. (e) Lien of levy after judgment. — If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:  (1) the date of perfection of the security interest or agricultural lien in the collateral; (2) the date of filing a financing statement covering the collateral; or (3) any date specified in a statute under which the agricultural lien was created. (f) Execution sale. — A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article. (g) Consignor or buyer of certain rights to payment. — Except as otherwise provided in Section 9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes. 72 Del. Laws, c. 401, §  1;  74 Del. Laws, c. 332, §  66;
6 DE Code § 9-602. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 6. Default|§ 9-602. Waiver and variance of rights and duties.

§ 9-602. Waiver and variance of rights and duties. Except as otherwise provided in Section 9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:  (1) Section 9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party; (2) Section 9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; (3) Section 9-607(c), which deals with collection and enforcement of collateral; (4) Sections 9-608(a) and 9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; (5) Sections 9-608(a) and 9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral; (6) Section 9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace; (7) Sections 9-610(b), 9-611, 9-613, and 9-614, which deal with disposition of collateral; (8) Section 9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor; (9) Section 9-616, which deals with explanation of the calculation of a surplus or deficiency; (10) Sections 9-620, 9-621, and 9-622, which deal with acceptance of collateral in satisfaction of obligation; (11) Section 9-623, which deals with redemption of collateral; (12) Section 9-624, which deals with permissible waivers; and (13) Sections 9-625 and 9-626, which deal with the secured party's liability for failure to comply with this Article.72 Del. Laws, c. 401, §  1;
6 DE Code § 9-603. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 6. Default|§ 9-603. Agreement on standards concerning rights and duties.

§ 9-603. Agreement on standards concerning rights and duties. (a) Agreed standards. — The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9-602 if the standards are not manifestly unreasonable. (b) Agreed standards inapplicable to breach of peace. — Subsection (a) does not apply to the duty under Section 9-609 to refrain from breaching the peace. 72 Del. Laws, c. 401, §  1;
6 DE Code § 9-604. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 6. Default|§ 9-604. Procedure if security agreement covers real property or fixtures.

§ 9-604. Procedure if security agreement covers real property or fixtures. (a) Enforcement: personal and real property. — If a security agreement covers both personal and real property, a secured party may proceed:  (1) under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply. (b) Enforcement: fixtures. — Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:  (1) under this part; or (2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply. (c) Removal of fixtures. — Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. (d) Injury caused by removal. — A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse. 72 Del. Laws, c. 401, §  1;
6 DE Code § 9-605. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 6. Default|§ 9-605. Unknown debtor or secondary obligor.

§ 9-605. Unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party:  (1) to a person that is a debtor or obligor, unless the secured party knows:  (A) that the person is a debtor or obligor; (B) the identity of the person; and (C) how to communicate with the person; or (2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:  (A) that the person is a debtor; and (B) the identity of the person.72 Del. Laws, c. 401, §  1;
6 DE Code § 9-606. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Article 9. Secured Transactions|Part 6. Default|§ 9-606. Time of default for agricultural lien.

§ 9-606. Time of default for agricultural lien. For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created. 72 Del. Laws, c. 401, §  1;