reglab/housing_qa huggingface dataset:
25 DE Code § 2119. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2119. Insurance requirements for mortgages.

§ 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 binder includes or is accompanied by:  (1) The name and address of the insured borrower; (2) The name and address of the lender as loss payee; (3) A description of the insured real property; (4) A provision that the binder may not be cancelled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least 10 days prior to the cancellation; (5) Except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt for the full amount of the applicable premium; and (6) The amount of insurance coverage. A mortgagee or obligee may refuse to honor a binder in cases where the lender receives notice of the cancellation of the binder by the insurer; or, at the expiration of 30 days of the date the binder was given, the insurer has failed to issue the policy of insurance. (b) The mortgagee or obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall not require hazard insurance in an amount which exceeds the greater of:  (1) The value placed on the improvements by the insurer; or (2) The value placed on the improvements as determined by the lender's appraisal of the real property. (c) In the event that subsection (a) or (b) of this section is wilfully violated, the original mortgagee or obligee listed upon the original mortgage or other instrument shall be obligated to pay to the mortgagor or obligor:  (1) Reasonable attorneys' fees; and (2) The greater of the actual damages directly resulting from the violation or 5% of the face amount of the mortgage. (d) A violation of this section shall not affect the validity of the mortgage or other instrument which creates the lien securing the loan. (e) For purposes of this section, a “mortgage or other instrument given for the purpose of creating a lien on real property” shall mean a consumer purpose mortgage or other consumer purpose instrument given for the purpose of creating a lien. For purposes of this section, “consumer purpose mortgage” and “consumer purpose instrument given for the purpose of creating a lien” shall mean mortgages or other instruments given for the purpose of creating a lien encumbering 1-to-4 family residential properties, and shall not include mortgages or other instruments given for the purpose of creating a lien encumbering other multi-unit residential properties, such as apartment buildings, or encumbering office, commercial or industrial properties. 68 Del. Laws, c. 350, §  1;  77 Del. Laws, c. 434, §  1;
25 DE Code § 2121. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2121. Instruments transferring, pledging or assigning lessors' interests in leases or rents arising from real property as security.

§ 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, pledging or assigning the lessor's interest in leases (whether in existence or thereafter existing) of or rents (including security deposits) arising from real property as conditional or unconditional security for a debt or duty, the interest of the transferee, pledgee or assignee shall be fully perfected as to the transferor, pledgor or assignor and as to all third parties without the necessity of furnishing further notice to the transferor, pledgor or assignor or any lessee, of obtaining possession of the real property, of impounding the rents or security deposits, of filing a financing statement under the Delaware Uniform Commercial Code, of securing the appointment of a receiver, or of taking any other affirmative action, and such interest shall have priority according to the time of recording the instrument in the proper office, without respect to the time of its being signed and delivered. (b) Except as may be provided in the lease or other agreement by which it is bound, the lessee under any such lease identified in subsection (a) of this section is authorized to pay the transferor, pledgor or assignor, rents and security deposits until the lessee receives written notification that rents due or to become due have been transferred, pledged or assigned and that payment is to be made to the transferee, pledgee or assignee. A notification that does not reasonably identify the rents transferred, pledged or assigned is ineffective. If requested by the lessee, the transferee, pledgee or assignee must furnish reasonable proof that the assignment has been made and is in full force and effect and unless so furnished the lessee may pay the transferor, pledgor or assignor. (c) Whenever the debt or duty secured by an instrument described in this section is satisfied or performed, and to the extent such instrument is not self-terminating, upon such an event, the transferee, pledgee or assignee shall forthwith cause to be recorded in the office in which the instrument is recorded a document pursuant to which it declares that the instrument is terminated. The recording of such document shall extinguish the instrument and the effect shall be the same as if such instrument had not been made. (d) Any recorded instrument transferring, pledging or assigning an interest in leases of or rents arising from real property shall be duly perfected as herein provided, except that nothing herein shall alter, change or modify any perfected order of priority of interests in such leases or rents which exists on the date that this legislation is enacted. 70 Del. Laws, c. 253, §  1;
25 DE Code § 2122. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2122. Procedure to strike an entry of satisfaction or other indication of a mortgage satisfaction.

§ 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, error or mistake, any person or party affected by such inadvertence, error or mistake may, upon sworn petition to the Superior Court of the county in which such mortgage was recorded, setting forth the facts, obtain from such Court a rule on the mortgagor or obligor or their heirs, executors, administrators or assigns, returnable at such time as the Court may direct, requiring such mortgagor or obligor or their heirs, executors, administrators or assigns to appear on the day fixed by the Court and show cause, if they have any, why the entry of satisfaction or other indication of a mortgage satisfaction should not be stricken. Such rule shall be served as provided by law for service of writs of scire facias. In case the mortgagor or obligor or their heirs, executors, administrators or assigns reside out of the State and cannot be served, or in case the mortgagor or obligor 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 entry of satisfaction or other indication of a mortgage satisfaction had been made upon the record of such mortgage through inadvertence, error or mistake, the rule shall be made absolute, and the Court shall order and decree that the entry of satisfaction or other indication of a mortgage satisfaction of such mortgage shall be stricken as if such satisfaction or other indication of a mortgage satisfaction had not been made. (c) Upon the issuance of an order striking an entry of satisfaction or other indication of a mortgage satisfaction, the party who obtains such order shall forthwith file with the recorder of deeds a certified copy of said order. The recorder shall at once record said order and make a proper note of the same in the indices. The recorder shall collect recording fees upon receipt of the instrument as provided for in § 9607 of Title 9. 72 Del. Laws, c. 141, §  1;
25 DE Code § 2124. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 21. Mortgages on Real Estate|§ 2124. Recordation of mortgagee's change of address.

§ 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 address, file in the recorder of deeds office in the county in which the mortgage or any assignment has been recorded a statement of mortgagee address change. (1) The filing of a statement of mortgagee address change is public notice to all parties interested in such mortgage or assignment of mortgage, or the property upon which it is a lien, of the address where the legal holder of such mortgage or assignment of mortgage must receive any notice. (2) Until such time as a statement of mortgagee address change has been filed, any party having an interest in such mortgage or assignment of mortgage, or the property upon which it is a lien, is fully protected by sending all notices to the legal holder of such mortgage or assignment of mortgage at the notice address provided in the mortgage or the last assignment of record. (3) A mortgagee is not required to file a separate statement of mortgagee address change for each mortgage recorded in the county or to include each mortgage recorded in the county on a statement of mortgagee address change. (4) It is unlawful for a mortgagee to fail to file a statement of mortgagee address change as required under this section. A violation of this paragraph (a)(4) is punishable by a fine of not more than $1,000 and costs of not more than $1,000. (5) The Superior Court has jurisdiction over a violation of paragraph (a)(4) of this section. (b) Each recorder of deeds may promulgate a sample form to be used to file a statement of mortgagee address change. (c) Each recorder of deeds shall create and maintain a separate index for statements of mortgagee address change. The index must be called the “statement of mortgagee address change index” and must reference the mortgagee who has changed its address and include the mortgagee's notice address as provided in the statement of mortgagee address change. The index does not need to include reference to each mortgage recorded in the county by the mortgagee who filed a statement of mortgagee address change. (d) Each recorder of deeds may charge a fee for accepting and recording a statement of mortgagee address change. The fee must reasonably reflect the costs necessary to defray expenses associated with creating and maintaining the statement of mortgagee address change index. 81 Del. Laws, c. 151, § 1;  81 Del. Laws, c. 418, § 1;
25 DE Code § 2501. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 25. Mortgaging of Leasehold Interests|§ 2501. Authorization and effect.

§ 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 the lessee and appurtenant to that lessee's interests with the same effect as to lien, notice, evidence and priority of payment as to the lessee's interest and title as in the case of the mortgaging of a freehold interest and title. The mortgage of such term of the lessee shall be in like manner acknowledged, recorded in the proper county and indexed in the same manner as required by law for the acknowledging, recording and indexing of mortgages covering freehold interests and titles. Such mortgage shall in no manner or in any wise interfere with the landlord's rights, priority or remedy for rent. Writs of scire facias for the enforcement of the lien of such mortgages may be sued out as in other cases. In all cases of mortgages upon leasehold estates, the mortgagees shall have the same remedies for collection thereof which mortgagees of fee simple interests in real estate have under the laws of this State for the collection of such mortgages. (b) For purposes of this section, a lease or term of years shall be considered to be for a term of 10 years or more, if at the time of entering into the lease or term of years that is to be mortgaged, the stated term of the lease or term of years shall have been for 10 years or more (not including any renewals or extensions that may be provided for under that lease or term of years), and notwithstanding that the unexpired term of the lease or the term of years at the time of mortgaging the same is less than 10 years. 39 Del. Laws, c. 36;  40 Del. Laws, c. 216;  Code 1935, §  3386;  25 Del. C. 1953, §  2501;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 422, §  1;
25 DE Code § 2601. (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]|§ 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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;
25 DE Code § 2603. (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]|§ 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 commercial real estate that is the subject of the brokerage agreement for the unpaid amount of compensation due the broker as stated in the brokerage agreement. The brokerage agreement must expressly:  (1) State the amount or the method of calculating the amount of compensation for the services of the broker; and (2) State that the brokerage agreement is a binding contract under state law; and (3) Identify the real estate that is covered by the brokerage agreement by description and/or tax parcel number. Failure of the brokerage agreement to contain these provisions shall render the brokerage agreement ineligible for a broker's lien, but shall not otherwise affect the validity or enforceability of the brokerage agreement. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2604. (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]|§ 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 of the recorder of deeds in the county (including any incorporated or unincorporated municipality located therein) where the commercial real estate is located. If the commercial real estate is located in more than 1 county, the affidavit and notice of broker's lien shall be filed in the office of the recorder of deeds for each such county. Affidavits and notices of broker's liens shall be indexed by the name of the person or entity charged and the name of the broker claiming the lien. The index shall also include the name of the person or entity charged, and the date and time the affidavit and notice of broker's lien was filed. A fee for filing the affidavit and notice of broker's lien shall be the same as for filing a miscellaneous document and shall be paid at the time of filing. The notice of broker's lien shall be available to the public upon request. The broker who placed the lien shall within 10 days cause a copy to be served upon the person or entity charged by certified mail, return receipt requested, or process server. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the party or party's agent; and notation of refusal shall constitute presumptive evidence that refusal was by the party or party's agent. (b) If a broker has a brokerage agreement with a buyer or tenant for the buyer or tenant to compensate the broker, then the claim for lien pursuant to the notice of lien so filed according to subsection (a) of this section shall attach to the buyer's or tenant's estate or interest in the commercial real estate only upon either:  (1) The recording of the document conveying the commercial real estate to the buyer; or (2) The signing of the lease by the landlord and tenant whichever is applicable, and not before either of those events has occurred. Since in this instance the broker's lien only attaches to the buyer's or tenant's interest in the property, it shall not be a lien upon the seller's or landlord's interest in the property even if it was filed prior to completion of the conveyance to the buyer or tenant. (c) Notwithstanding the filing of an affidavit and notice of broker's lien, the broker's lien shall not be enforceable or enforced except as provided in § 2610 of this title. Notwithstanding any other provision in this chapter, the affidavit and notice of broker's lien may only be filed by an attorney-at-law admitted to the bar of the Supreme Court of the State of Delaware and in good standing. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2605. (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]|§ 2605. When to file the affidavit and notice of broker's lien [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 schedule. The affidavit and notice of broker's lien shall be effective for 1 year following the date of filing and while any litigation concerning it is pending. For a notice of lien to be effective while a complaint is pending under § 2610 of this title, the broker is required to file a continuation of lien prior to the expiration of the current notice of lien to provide notice that litigation concerning the lien is pending. Renewal of leases that were the subject of a brokerage agreement shall restart the 90-day period in which to file the form of affidavit and notice upon failure to pay the stated compensation. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2606. (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]|§ 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 subject of the broker's lien as stated in the brokerage agreement, the name of the tenant if the lien is upon the leasehold estate of the tenant, a description of the commercial real estate upon which the broker's lien is being claimed, the amount or method of computing the compensation for which the broker's lien is claimed, the real estate license number of the broker claiming the broker's lien, the names of the parties to the brokerage agreement, and the date of the brokerage agreement. The affidavit and notice of broker's lien shall contain a sworn statement of the person signing before a notary public that the information contained in the notice of lien is true and correct. In the event of any lien claimed against a leasehold estate of a tenant, the broker who placed the lien shall within 10 days serve a copy of the affidavit and notice of broker's lien upon the landlord of such tenant by certified mail, return receipt requested, or process server, however, the lien against the leasehold estate of a tenant shall not be a lien against the landlord's interest in the property. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2607. (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]|§ 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 requested, or by process server, to the last known address of the owner or, if that is unknown, then to the address for the owner shown on the county real estate tax records, or, if the lien is claimed on the leasehold estate of the tenant, then to the tenant at the address shown on the lease agreement. 79 Del. Laws, c. 18, §  1;
25 DE Code § 2608. (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]|§ 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2].

§ 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 a seller because the seller was obligated to pay the broker, but not filed until after the deed to the buyer is recorded, shall not be a lien against the property. 79 Del. Laws, c. 18, §  1;