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DE HB338

Bill

Status

Passed

10/14/2022

Primary Sponsor

William Bush

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Reduces the time period for satisfying unsatisfied mortgages from 20 years to 10 years after the maturity date, or from 50 years to 40 years after recording if no maturity date is stated

  • Expands the law to apply to all mortgages, removing the previous limitation to only "consumer purpose" mortgages on 1-to-4-family residential properties

  • Creates a legal presumption that a mortgage has been paid and satisfied once the applicable time period has lapsed without an enforcement action being filed

  • Terminates and extinguishes mortgage liens as unenforceable against the property if no enforcement action is brought within the specified time periods, though personal debt obligations remain intact

  • Applies retroactively to all mortgages recorded before, on, or after the effective date of the Act

Legislative Description

An Act To Amend Title 25 Of The Delaware Code Relating To The Satisfaction Of Mortgages After A Lapse Of Time.

Last Action

Signed by Governor

10/14/2022

Committee Referrals

Banking, Business & Insurance4/12/2022
Economic Development/Banking/Insurance & Commerce3/15/2022

Full Bill Text

No bill text available