reglab/housing_qa huggingface dataset:
25 DE Code § 2609. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 the lien released by depositing funds equal to the full amount stated in the notice of lien plus 10% to be applied towards any sums awarded the broker under § 2611 of this title. These funds shall be held in escrow by such person and by such process which may be agreed to by the parties, either in the brokerage agreement or otherwise, for the payment to the broker or otherwise for resolution for their dispute or, in the absence of any such mutually agreed person or process, the funds may be deposited with the Superior Court by the filing of an interpleader. Upon such deposit of funds by interpleader, the commercial real estate shall be considered released from such lien or claim of lien. Upon written notice to the broker that the funds have been escrowed or an interpleader filed, the broker shall within 10 business days file in the same office of the recorder of deeds where the affidavit and notice of broker's lien was filed a document stating that the lien is released, and the commercial real estate released, by an escrow established pursuant to this section or by interpleader. If the broker fails to file such document, the person holding the funds may sign and file such document and deduct from the escrow the reasonable cost of preparing and filing the document. Upon the filing of such document, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker's claim for payment and the funds shall not be paid to any person (except for such payment to the holder of the funds as aforesaid) until a resolution of the broker's claim for payment has been agreed to by all necessary parties or ordered by a court having jurisdiction. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2610. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 located in more than 1 county) by filing and prosecuting a complaint as a debt action pursuant to that Court's Rules of Civil Procedure. Such complaint may be filed following the occurrence of the failure to make the payment to the broker, as required by the brokerage agreement, for which the affidavit and notice of broker's lien had been filed. Notwithstanding any statute of limitation or repose or other procedural limitation, any such complaint may be brought any time prior to the expiration of a notice of lien or continuation of lien, and shall be subject to alternative dispute resolution in the Superior Court pursuant to court rules regardless of the claimed amount. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2611. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2611. Costs, expenses, and attorneys' fees [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 incurred, costs, and prejudgment and postjudgment interest at the contract rate specified in the brokerage agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than 1 party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable. In the event that a court or arbitrator determines that no lien should have been filed under this chapter, then the court or arbitrator shall order the broker to pay the prevailing defendant's expenses of all proceedings under this chapter, including reasonable attorneys' fees actually incurred, and costs. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2612. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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, except as to all mortgages whenever recorded or filed, mechanic's liens, other liens imposed or created by statute, and liens of the federal government, state government and/or their respective political subdivisions, each of which shall have priority over a broker's lien. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2613. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 agreement, the broker shall provide to the record owner of the commercial real estate and the person who would have been liable for such payment, a written release or satisfaction of the broker's lien. (b) The record owner, the person liable for payment to the broker pursuant to the brokerage agreement, or the holder of any lien against the commercial real estate may serve a demand on the broker who filed the affidavit and notice of broker's lien requiring that suit be commenced to enforce the broker's lien, a suit shall be commenced as provided in this chapter within 20 days, or the broker's lien shall be deemed released and satisfied. Service of such demand shall be in the manner required for the service of a summons and complaint under the Rules of Civil Procedure of the Superior Court. (c) Whenever a claim is paid for which an affidavit and notice of broker's lien has been timely filed, or where there is failure to institute a suit to enforce the broker's lien within the times provided by this chapter, or if the affidavit and notice of lien has not been continued as provided in this chapter, the broker's lien shall be deemed released and satisfied and the broker shall file a satisfaction and release as provided in this chapter with the office of the recorder of deeds where the affidavit and notice of broker's lien is filed and acknowledge release and satisfaction of the broker's lien, in writing, on written demand of the record owner or the person who was liable for the payment pursuant to the brokerage agreement. (d) A Delaware lawyer representing a party in a real estate settlement may require a broker who has been paid the full compensation due at settlement to execute a release or estoppels affidavit stating that no lien has been filed for the compensation that has been paid, no lien will be filed, and if a notice of lien was filed, that the broker authorizes the filing of a written release or satisfaction of the lien by the settlement attorney. Such release, whether signed by the broker or an associate broker or salesperson licensed under the broker, is binding upon the broker and brokerage organization and may be relied upon by the parties and title insurance company. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2614. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2614. No waiver [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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;
25 DE Code § 2615. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 26. Commercial Real Estate Broker’s Lien Act [For Application of This Chapter, See 79 Del. Laws, C. 18, § 2]|§ 2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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;
25 DE Code § 2902. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 29. Liens of the State And/or Its Political Subdivisions|§ 2902. Attachment of lien to proceeds of sale.

§ 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 execution process, such tax lien shall be transferred to the fund arising from such sale in the hands of the officer making the sale, and the real estate so sold shall be discharged therefrom. If the fund is not sufficient to pay and discharge the tax lien, by reason of the real estate having been sold subject to another or other lien or liens created by the taxable, the unpaid balance of the tax shall remain a lien upon the land so sold. 15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  19 Del. Laws, c. 262;  Code 1915, §  2870;  40 Del. Laws, c. 238, §  3;  Code 1935, §  3351;  25 Del. C. 1953, §  2902;
25 DE Code § 2903. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 29. Liens of the State And/or Its Political Subdivisions|§ 2903. Duration of lien.

§ 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 person who was the owner at the time it was assessed, the lien shall continue until the tax is collected. (b) In Kent and Sussex Counties, the lien for county taxes shall be as provided for under § 8705 of Title 9, and the lien for state taxes shall remain a lien as provided for under § 554 of Title 30, and the lien for school taxes shall remain a lien as provided for under § 8705 of Title 9, and, unless a period greater than 10 years is provided by a municipality's charter, the lien for town or municipal taxes shall remain a lien for the period of 10 years from the date prescribed by the charter of the town or city for the delivery of the duplicate of the town or city to the collector thereof and no longer. The collectors, in collecting taxes out of real estate upon which they are a lien under the provisions of § 2901 of this title, shall proceed in the manner prescribed by law for the collection of taxes out of real estate. 15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  19 Del. Laws, c. 556;  20 Del. Laws, Appendix, page 8,, §  11;  Code 1915, §§  1152, 2870;  33 Del. Laws, c. 82, §  2;  40 Del. Laws, c. 135, §  1;  40 Del. Laws, c. 238, §§  1-3;  Code 1935, §§  1348, 3351;  25 Del. C. 1953, §  2903;  82 Del. Laws, c. 225, § 1;
25 DE Code § 2904. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 29. Liens of the State And/or Its Political Subdivisions|§ 2904. Payment of taxes by lienholder; action for collection.

§ 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 shall be entitled to receive the full amount of such taxes so paid from the owner of the property or properties upon which the taxes were a lien and may proceed in any court of competent jurisdiction to collect the same in a civil action for money paid out and expended for the use of the defendant. 15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  Code 1915, §  2870;  Code 1935, §  3351;  25 Del. C. 1953, §  2904;
25 DE Code § 2905. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 29. Liens of the State And/or Its Political Subdivisions|§ 2905. Action by lienholder to collect tax lien; amount of recovery; affidavit of demand.

§ 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 the taxes levied upon the real estate covered by such lien or liens, provided there is set forth in the affidavit of demand filed in the action an itemized list of the taxes paid, the total amount of the payments, that the taxes were justly and truly due at the time of payment and that attached to the affidavit of demand are original and duplicate tax receipts from the officer to whom such taxes were paid. The affidavit of demand shall be filed as any other affidavit of demand is or shall be required to be filed in such proceeding. If judgment has been obtained prior to the payment of the taxes, then, and in that event, such affidavit of demand shall be filed in the office where such judgment is recorded and the amount thereof shall be noted on all writs issued in execution of such judgment or judgments and shall be collected and paid by the officer to whom such writ of execution is issued before any other part of such judgment is paid except only the costs taxed on the proceedings as shown on the writ and any amount of taxes levied and unpaid which constitute a lien on the real estate. 15 Del. Laws, c. 476;  16 Del. Laws, c. 141;  Code 1915, §  2870;  Code 1935, §  3351;  25 Del. C. 1953, §  2905;
25 DE Code § 3101. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 31. Registration of Federal Liens|§ 3101. Federal tax liens and liens notices.

§ 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 federal tax liens. 70 Del. Laws, c. 504, §  1;
25 DE Code § 3102. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 31. Registration of Federal Liens|§ 3102. Place of filing.

§ 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 liens shall be filed in the office of the recorder of deeds of the county or counties in which the real property subject to the liens is situated. (c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens, shall be filed as follows:  (1) If the person against whose interest the lien applies is a corporation, partnership or limited liability company whose principal executive office is in this State, as these entities are described in Titles 6 and 8, in the office of the Secretary of State; (2) If the person against whose interest the lien applies is a trust or other entity that is not covered by paragraph (c)(1) of this section, in the office of the Secretary of State; (3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State; (4) In all other cases, including, but not limited to, an individual conducting business as a sole proprietorship, in the office of the recorder of deeds of the county or counties where the person against whose interest the lien applies resides at the time of filing of the notice of lien.70 Del. Laws, c. 504, §  1;  71 Del. Laws, c. 123, §§  1-3;
25 DE Code § 3103. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 31. Registration of Federal Liens|§ 3103. Execution of notices and certificates.

§ 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 for filing or certifying of notice of any other lien entitles them to be filed, and no other attestation, certification or acknowledgment is necessary. 70 Del. Laws, c. 504, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 3104. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 31. Registration of Federal Liens|§ 3104. Duties of filing officer.

§ 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 shall cause the notice to be marked, held and indexed in accordance with the provisions of § 9-502 of Title 6 (Uniform Commercial Code) as if the notice were a financing statement within the meaning of that Code; or (2) Any other officer described in § 3102 of this title, the officer shall endorse thereon the officer's identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien. (b) If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the Secretary of State for filing the Secretary of State shall:  (1) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and (2) Cause a certificate of discharge or subordination to be marked, held and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (c) If a refiled notice of federal lien referred to in subsection (a) of this section or any of the certificates or notices referred to in subsection (b) of this section is presented for filing to any other filing officer specified in § 3102 of this title, the officer shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered. (d) Upon the request of any person, the filing officer shall issue a certificate showing whether there is on file, on the date and hour stated therein, any notice of lien, or certificate, or notice affecting any lien under this chapter, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $10. Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of $1.00 per page. 70 Del. Laws, c. 504, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 3105. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 31. Registration of Federal Liens|§ 3105. Fees.

§ 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; (4) For all other notices, including a certificate of release or non-attachment, $3. (b) The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them. 70 Del. Laws, c. 504, §  1;
25 DE Code § 3501. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 35. Lien of Commission Merchant, Factor and Carrier|§ 3501. Enforcement by public sale; nature of sale.

§ 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 expenses of carriage, storage or labor bestowed on such goods, wares, merchandise or other personal property, if the owner or consignee of the property fails or neglects or refuses to pay the amount of charges upon any such property, goods, wares or merchandise, within 60 days after demand thereof, made personally upon such owner or consignee or at his last known place of residence, then in such case the commission merchant, factor, common carrier or other person having such lien may, after the expiration of the period of 60 days, expose the goods, wares, merchandise or other personal property to sale at public auction and sell the same, or so much thereof as is sufficient to discharge the lien together with costs of sale and advertising. Notice of the sale, together with the name of the person to whom the goods have been consigned, shall first be published for 3 successive weeks in a newspaper published in the county and by 6 written or printed handbills, put up in the most public and conspicuous places in the vicinity of the depot where the goods are located. 13 Del. Laws, c. 164, §  1;  Code 1915, §  2857;  Code 1935, §  3338;  25 Del. C. 1953, §  3501;