reglab/housing_qa huggingface dataset:
25 DE Code § 1603. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency.

§ 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency. (a) The recording of a notice of pendency shall be notice to any person acquiring an interest in the real property identified in the notice from or through any party named in the notice from the time of the recording of the notice. Any person claiming an interest in the real property which is the subject of the notice of pendency is bound by all proceedings taken in the action after such recording and until cancellation or discharge to the same extent as if such person were a party. (b) Unless and until a notice of pendency is filed as provided by this chapter, no action shall, before final judgment is entered therein, be deemed to be constructive notice to a person acquiring or having acquired a lien on or any other interest in the affected real estate. 67 Del. Laws, c. 59, §  1;
25 DE Code § 1604. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1604. Effective term.

§ 1604. Effective term. A notice of pendency shall be effective for a term of 3 years from the date of recording with the recorder of deeds. Before expiration of a term or an extended term, the court, upon motion of the party recording the notice, for good cause shown, may grant an extension for a like additional term. An extension order shall be recorded with the recorder of deeds before expiration of the prior term. An extension order shall be recorded with the recorder of deeds before expiration of the prior term and no extension order may be entered by any court after the expiration of the original term or any extended term. 67 Del. Laws, c. 59, §  1;
25 DE Code § 1605. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1605. Mailing of notice of pendency to parties against whom notice is indexed.

§ 1605. Mailing of notice of pendency to parties against whom notice is indexed. Within 5 days after filing the written notice of pendency with the recorder of deeds, the party recording the notice of pendency shall serve or mail a copy of such notice by first-class mail to the last known address of each party against whom the notice of pendency has been indexed, and to all persons shown on the public records to have an interest in or lien upon the real estate which is the subject of the notice. Not later than 10 days after filing the written notice of pendency, an affidavit of the party recording the notice of pendency or of the attorney for such party shall be filed with the clerk of the court in which the action has been filed, indicating compliance with the foregoing requirements, including the parties to whom the notice was sent, the date of mailing and the address or addresses to which the notice or notices were sent. 67 Del. Laws, c. 59, §  1;
25 DE Code § 1606. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1606. Mandatory cancellation.

§ 1606. Mandatory cancellation. The court, upon motion of any party aggrieved, shall direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if:  (1) Mailing of the notice has not been completed within the time required by § 1605 of this title; (2) The final judgment entered denying the claim covered by the notice of pendency is no longer appealable; or (3) The claim relating to the real estate is one which, if sustained, would entitle the party solely to recover money or money damages.67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  2;
25 DE Code § 1607. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1607. Cancellation upon condition of security.

§ 1607. Cancellation upon condition of security. In an action for the enforcement of an equitable lien, the objective of which is to secure the payment of money, the court, upon motion of any party aggrieved, as a condition of cancellation of the notice of pendency, may direct that such party post sufficient security to insure the payment of money as may, by the final determination of the action, be ascertained to be chargeable upon the affected real estate. Nothing herein contained shall preclude the posting of bond or other security by agreement of the parties as a condition of cancellation. 67 Del. Laws, c. 59, §  1;
25 DE Code § 1608. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1608. Discretionary cancellation; hearing on probability of success on the merits.

§ 1608. Discretionary cancellation; hearing on probability of success on the merits. The court, upon motion, supported by affidavit or affidavits, of any party aggrieved, may direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if the court determines that there is not a probability that final judgment will be entered in favor of the party recording the notice of pendency. The party recording the notice of pendency shall bear the burden of establishing such probability. The court may order oral argument on the motion. No discovery on such motion shall be permitted unless so ordered by the court. The order of the court on the motion may contain such conditions as the court deems just and proper. 67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  3;
25 DE Code § 1609. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1609. Voluntary cancellation by party recording the notice.

§ 1609. Voluntary cancellation by party recording the notice. At any time, the recorder of deeds shall cancel the notice of pendency and mark the indices accordingly upon written request, under oath, for such cancellation and upon payment of the proper fee by the party who recorded the notice, or by such party's attorney of record. The written request shall be recorded. 67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  4;
25 DE Code § 1610. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1610. Effect of canceled or expired notice.

§ 1610. Effect of canceled or expired notice. A canceled or expired notice of pendency shall not be deemed to be actual or constructive notice to any person for any purpose. 67 Del. Laws, c. 59, §  1;
25 DE Code § 1611. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1611. Costs and attorneys' fees.

§ 1611. Costs and attorneys' fees. In an order either upholding a notice of pendency or cancelling a notice of pendency, the court may, for good cause shown, and in the interest of justice, direct a party to pay the prevailing party's damages, if any, together with court costs of the action. In addition, the court, in exceptional cases, may award reasonable attorneys' fees to the prevailing party. Attorneys' fees may be assessed against a party only if the court finds that such party has wilfully asserted a claim or defense thereof without foundation in law or fact and/or not supported by a good faith request for an extension of the law, or for an improper purpose such as to harass or cause unnecessary delay in a legal proceeding or transaction. 67 Del. Laws, c. 59, §  1;
25 DE Code § 1612. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1612. Fee for recording notice as taxable costs.

§ 1612. Fee for recording notice as taxable costs. The fee for recording any notices required under this chapter shall be taxable as a part of the costs in the action. 67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  5;
25 DE Code § 1613. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1613. Recording and marginal notation of judgment or stipulation of dismissal.

§ 1613. Recording and marginal notation of judgment or stipulation of dismissal. Whenever a stipulation of dismissal is filed, or whenever a final judgment entered is no longer appealable, notice of the pendency of which action has been filed in the office of the recorder of deeds, the party who filed the notice of pendency shall cause a certified copy of the order of final judgment or a copy of the stipulation to be recorded in the office of the recorder of deeds. Upon payment of the proper fee, the recorder of deeds shall record the order or stipulation and mark the indices accordingly. If the party who filed the notice of pendency fails or refuses to file a certified copy of the final order or stipulation of dismissal, any party aggrieved by the filing of the notice may cause the order or stipulation to be filed. 67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  6;
25 DE Code § 1614. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1614. Express repeal of common law.

§ 1614. Express repeal of common law. The common-law doctrine of lis pendens is hereby abolished and no action instituted after June 29, 1989, shall constitute constructive notice to any person unless notice of such action complies with the requirements of this chapter. 67 Del. Laws, c. 59, §  1;
25 DE Code § 2102. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2102. Minor's bond, obligation or mortgage.

§ 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 in equity, and shall bind that person, that person's heirs, executors and administrators. 33 Del. Laws, c. 209;  Code 1935, §  3688;  45 Del. Laws, c. 230, §  6;  46 Del. Laws, c. 164;  47 Del. Laws, c. 124;  25 Del. C. 1953, §  2102;  58 Del. Laws, c. 511, §  60;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2103. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2103. Effect of mortgage executed by trustee for mentally ill spouse.

§ 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 divest his or her estate as tenant by the curtesy or dower interest in case he or she survives his or her spouse, as if he or she had been legally capable, and had in fact executed and acknowledged such mortgage; and any such mortgage, or the record thereof, shall be competent evidence in all courts of this State. 17 Del. Laws, c. 616, §  2;  22 Del. Laws, c. 444, §§  1, 2;  Code 1915, §§  3202, 3203;  Code 1935, §§  3663, 3664;  25 Del. C. 1953, §  2103;  49 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2104. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2104. Purchase money mortgage of married woman; liability of husband.

§ 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 party nor consent to such act of giving security. In such case any such recognizance, bond, mortgage or other obligation or lien shall not be subject to any right or estate in curtesy of the husband of such married woman. In case of her entering into recognizance or giving bond or mortgage, or making other contract for the payment of the purchase money of such real estate, her husband shall not be liable, unless he is a party thereto. 14 Del. Laws, c. 550, §  4;  Code 1915, §  3052;  30 Del. Laws, c. 197;  Code 1935, §  3545;  25 Del. C. 1953, §  2104;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2105. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2105. Purchase money mortgage by married woman.

§ 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;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2106. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2106. Priority of mortgage from time of recording.

§ 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 shall be a lien from the time of recording it and not before. Code 1852, §  1632;  Code 1915, §  3222;  Code 1935, §  3684;  25 Del. C. 1953, §  2106;
25 DE Code § 2107. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2107. Priority of mortgages recorded at same time.

§ 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. Code 1852, §  1633;  Code 1915, §  3223;  Code 1935, §  3685;  25 Del. C. 1953, §  2107;
25 DE Code § 2108. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2108. Priority of purchase money mortgages.

§ 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 taken by a mortgagee other than the seller of the mortgaged property to secure the repayment of money actually advanced by the mortgagee to or on behalf of a mortgagor at the time the mortgagor acquires title to the property and used by the mortgagor at that time to pay all or part of the purchase price. (b) A mortgage that states that the mortgage is intended to constitute a purchase money mortgage creates a rebuttable presumption that the mortgage is a purchase money mortgage under this section. (c) A lien of a purchase money mortgage on lands or tenements, or any part thereof, has preference to and priority over a judgment against the mortgagor or any other lien created or suffered by the mortgagor, including a lien filed or entitled to be filed under Chapter 27 of this title, although the judgment or lien is of a date before the purchase money mortgage, if both of the following occur:  (1) The lands or tenements are sold and 1 or more purchase money mortgages on the lands or tenements, or any part thereof, are made by the purchaser to the seller or mortgagee for securing the purchase money, or any part thereof.  (2) The mortgages are recorded within 10 days after the deed conveying the land or tenements from the seller to the purchaser is recorded. (d) As between 2 or more purchase money mortgages on the same land, the mortgages have priority and preference according to the times that the mortgages are severally recorded in the proper office. Two or more mortgages, recorded at the same time, do not have preference or priority as between themselves. Code 1852, §  1634;  Code 1915, §  3224;  28 Del. Laws, c. 223;  Code 1935, §  3686;  25 Del. C. 1953, §  2108;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 292, § 1;
25 DE Code § 2109. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2109. Assignment of mortgages.

§ 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 made in the presence of 1 witness and all satisfactions made by assignees in such assignments are made good and valid. 18 Del. Laws, c. 213, §§  1, 2;  Code 1915, §  3226;  Code 1935, §  3689;  25 Del. C. 1953, §  2109;
25 DE Code § 2110. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2110. Effect of release of part of mortgaged premises; acknowledgment and recording.

§ 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 or taken to operate as a release or discharge of any other part of the lands included in such mortgage, but such other lands shall be and remain subject to the lien of the mortgage, and execution may be had thereof in the same manner as if the mortgage had originally included only such lands. Every such release shall be under hand and seal, and shall be acknowledged in the same manner as provided by law for the acknowledgment of deeds, and shall become effective upon the date of filing in the office of the recorder of deeds in and for the county in which such lands so released are situated. 11 Del. Laws, c. 612;  Code 1915, §  3227;  Code 1935, §  3690;  25 Del. C. 1953, §  2110;  49 Del. Laws, c. 80;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2112. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2112. Effect of satisfaction of mortgage by Regional Manager or Treasurer of Home Owners' Loan Corporation.

§ 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 Corporation, in accordance with the provisions contained in § 108(a) of this title, the mortgage or conveyance shall be extinguished. 40 Del. Laws, c. 217;  Code 1935, §  3675;  25 Del. C. 1953, §  2112;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2113. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2113. Effect of entry of satisfaction.

§ 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, §  3229;  Code 1935, §  3692;  25 Del. C. 1953, §  2113;
25 DE Code § 2114. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2114. Damages for nonentry of satisfaction.

§ 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 party by or on whose behalf the satisfaction or performance has been made or completed, in damages to be recovered by a civil action. The damages shall not be less than $10 nor more than $500, except when special damage to a larger amount is alleged in the complaint and proved. Code 1852, §  1637;  Code 1915, §  3230;  Code 1935, §  3693;  25 Del. C. 1953, §  2114;  55 Del. Laws, c. 341, §  5;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2115. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2115. Procedure to compel entry of satisfaction of mortgage or judgment.

§ 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 neglects to enter satisfaction of such mortgage or judgment on the record thereof in the office where the same is recorded or entered, forthwith after the payment thereof, the mortgagor or obligor or their heirs or assigns may, upon sworn petition to the Superior Court of the county in which such mortgage or judgment is recorded or entered, setting forth the facts, obtain from such Court a rule on the mortgagee or obligee or their executors, administrators or assigns, returnable at such time as the Court may direct, requiring such mortgagee or obligee or their executors, administrators or assigns to appear on the day fixed by the Court and show cause, if they have any, why such mortgage or judgment shall not be marked satisfied on the record thereof. Such rule shall be served as provided by law for service of writs of scire facias. In case the mortgagee or obligee or their executors, administrators or assigns reside out of the State and cannot be served, or in case the mortgagee or obligee is a corporation which has been dissolved for more than 3 years prior to the filing of the petition, and for whom no trustee or receiver has been appointed, the rule shall be continued and a copy thereof shall be published by the sheriff in a newspaper of the county once each week for 4 successive weeks, and upon proof of such advertisement by affidavit of the sheriff made at the time to which such rule was continued, shall be deemed and considered sufficient service of such rule. (b) Upon the return of the rule, if the Court is satisfied from the evidence produced that such mortgage or judgment, together with all interest and costs due thereon, has been satisfied and paid, the rule shall be made absolute, and the Court shall order and decree that the mortgage or judgment is paid and satisfied, and shall order and direct the recorder or the prothonotary, in whose office such mortgage or judgment is entered, to enter on the record thereof full and complete satisfaction thereof. 22 Del. Laws, c. 211, §§  1, 2;  Code 1915, §  3231;  29 Del. Laws, c. 237;  Code 1935, §  3694;  25 Del. C. 1953, §  2115;  55 Del. Laws, c. 341, §  5;
25 DE Code § 2116. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2116. Reconveyance upon satisfaction or performance.

§ 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 request and at the proper cost of the mortgagor, that mortgagor's heirs or assigns, execute and acknowledge a sufficient reconveyance of the premises contained in such mortgage, or conveyance in the nature of a mortgage. Code 1852, §  1638;  Code 1915, §  3232;  Code 1935, §  3695;  25 Del. C. 1953, §  2116;  70 Del. Laws, c. 186, §  1;