DE SB54

Clarifies that D-PACE benefit assessment liens remain with commercial real property following tax monition sales or mortgage foreclosures, regardless of sale method.

Establishes that the Sustainable Energy Utility (SEU) and third-party capital providers may foreclose D-PACE liens only through attachment methods (9 Del. C. § 8771 et seq. and § 8741 et seq.), not through monition method foreclosures (9 Del. C. § 8721 et seq.).

Specifies that tax collecting authorities may collect D-PACE assessments in monition sales but only for amounts currently due or in arrears, and that subordinate mortgage liens are not extinguished in such tax sales.

Confirms that D-PACE assessment liens are senior to all liens except property taxes and governmental service assessments, sharing the same senior lien status for amounts currently due or in arrears.

Clarifies that SEU and third-party capital providers are not required to foreclose property tax liens or collect taxes in D-PACE sales, and are not required to distribute sale proceeds to subordinate mortgage lienholders.