DE HB353

Eliminates the requirement that mortgages be under seal to be enforceable in foreclosure proceedings in Delaware Superior Court.

Amends Section 2101(b) of Title 25 to allow mortgages to be foreclosed in Superior Court pursuant to Chapter 49 of Title 10 regardless of whether they are under seal.

Supersedes the holding in Monroe Park v. Metropolitan Life Insurance Co. (457 A.2d 734, 736) which previously required mortgages to be sealed to be enforceable at law.

Becomes effective upon enactment and applies to any foreclosure proceeding filed on or after the effective date, regardless of when the mortgage was signed.