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DE HB22

Bill

Status

Passed

5/10/2011

Primary Sponsor

James Johnson

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Allows sheriffs to file motions with Superior Court to declare property abandoned when located on land being sold at sheriff's sale due to mortgage foreclosure
  • Property may be declared abandoned if the owner is unknown, deceased without heirs, a dissolved corporation, cannot be located, or has been absent from the premises for at least 60 days
  • Requires the sheriff to post notice at the property at least 30 days before filing the motion and make reasonable efforts to notify the owner
  • Once property is declared abandoned, the sheriff may remove and dispose of it through sale, donation to charity, or other disposition, with proceeds applied to removal and storage costs
  • Any remaining proceeds after costs are deducted will be paid into Superior Court to be held for the property owner for up to one year before escheating to the State

Legislative Description

An Act To Amend Title 25 Of The Delaware Code Relating To Abandoned Property

Last Action

Signed by Governor

5/10/2011

Committee Referrals

Judiciary3/29/2011
Judiciary1/25/2011

Full Bill Text

No bill text available