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DE SB245

Bill

Status

Enrolled

6/25/2020

Primary Sponsor

Charles Paradee

Click for details

Origin

Senate

150th General Assembly

AI Summary

  • Expands the definition of "purchase money mortgage" to include mortgages from lenders other than the seller, as long as funds are advanced at the time of property acquisition to pay part or all of the purchase price.

  • Extends the recording period for purchase money mortgages to retain priority status from 5 days to 10 days after the deed is recorded.

  • Establishes that mortgages stating they are intended to constitute a purchase money mortgage create a rebuttable presumption of that status.

  • Explicitly subordinates mechanic's liens filed under Chapter 27 of Title 25 to purchase money mortgages, giving purchase money mortgages priority over such liens regardless of filing date.

  • Makes technical corrections to Delaware Real Estate Code language to conform to Delaware Legislative Drafting Manual standards.

Legislative Description

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

Last Action

Passed By House. Votes: 41 YES

6/25/2020

Committee Referrals

Economic Development/Banking/Insurance & Commerce6/23/2020

Full Bill Text

No bill text available