§ 5062C. Residential Mortgage Foreclosure Mediation Program [Expires Jan. 1, 2025, under the terms of subsection (v) of this section].
§ 5062C. Residential Mortgage Foreclosure Mediation Program [Expires Jan. 1, 2025, under the terms of subsection (v) of this section]. (a) An Automatic Residential Mortgage Foreclosure Mediation Program is established. (b) This section shall apply to mortgage foreclosure actions under § 5061 of this title with respect to owner-occupied 1- to 4-family primary residential properties, […]
§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].
§ 5062D. Complaints and answers [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. (a) A complaint to foreclose a mortgage in an action subject to this chapter shall contain a statement as to whether the mortgage foreclosure action is subject to the Automatic Residential Mortgage Foreclosure Mediation Program and, where […]
§ 5063. Judgment upon default.
§ 5063. Judgment upon default. If the defendant fails to appear at the return day of the scire facias, definitive judgment therein, as well as all other judgments to be given upon such scire facias, shall be entered that the plaintiff have execution by levari facias directed to the proper officer. Code 1852, § 2486; […]
§ 5064. Award of levari facias when county line divides land.
§ 5064. Award of levari facias when county line divides land. The writ of levari facias awarded upon any judgment for the sale of any such tract, as mentioned in § 5062 of this title, shall be directed to the sheriff of the county wherein the judgment was given. The sheriff shall proceed in the […]
§ 5065. Procedure after award of levari facias.
§ 5065. Procedure after award of levari facias. Under a levari facias, awarded as described in this subchapter, the mortgaged premises shall be taken in execution, and after notice given in the same manner as in other cases of the sale of lands upon execution process, shall be exposed to public sale, and upon such […]
§ 5066. Title of purchaser.
§ 5066. Title of purchaser. The person to whom any lands and tenements shall be sold, or delivered, under § 5065 of this title, and such person’s heirs and assigns, shall hold the same, with their appurtenances, for such estate, or estates, as they were sold, or delivered for, discharged from all equity or redemption, […]
§ 5067. Disposition of surplus from sale proceeds.
§ 5067. Disposition of surplus from sale proceeds. Any surplus of the proceeds of sale of mortgaged premises, after satisfying the principal debt in the mortgage, with interest and costs, shall be rendered to the owner of the premises at the time of sale. Until the surplus is so rendered, the officer making the sale […]
§ 5061. Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, § 3].
§ 5061. Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, § 3]. (a) Subject to the provisions of §§ 5062A, 5062B, 5062C and 5062D of this title, upon breach of the condition of a mortgage of real estate by nonpayment of the mortgage money […]
§ 5062. Land divided by county line; venue of action.
§ 5062. Land divided by county line; venue of action. Whenever the dividing line between any 2 counties of this State runs through a tract of land conveyed in mortgage, a writ of scire facias may be sued out in either county in which any part of such tract is situated, directed to the sheriff […]
§ 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].
§ 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section]. (a) In connection with any mortgage foreclosure action brought under § 5061 of this title with respect to an owner-occupied 1- to 4-family primary residential property, unless the mortgage is held by the seller of the […]