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DE HB258

Bill

Status

Engrossed

3/27/2012

Primary Sponsor

Edward Bennett

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Origin

House of Representatives

146th General Assembly

AI Summary

  • Simplifies lien sale procedures by shifting the burden to property owners to affirmatively contest sales within 60 days rather than requiring lienholders to obtain prior court authorization for each sale.

  • Requires lienholders with valid Delaware business licenses to provide notice by certified and first-class mail to owners and secured parties, with detailed information about the debt, property description, lien amount, and sale details at least 60 days before the sale date.

  • Allows owners or interested parties to file a special proceeding within 60 days of notice to challenge the lien's validity, amount, or whether charges exceed fair market value of services rendered.

  • Permits property redemption before sale by paying the lienholder the full amount due plus legitimate expenses for notice and advertising.

  • Applies the streamlined process to garages, liveries, stables, airports, marinas, and other establishments providing vehicle or property storage, repair, or services.

Legislative Description

An Act To Amend Title 25 Of The Delaware Code Relating To Liens.

Last Action

Returned to the House

6/28/2012

Committee Referrals

Public Safety3/28/2012
Public Safety & Homeland Security3/8/2012

Full Bill Text

No bill text available