§ 4400. Petition for custodianship. For any Delaware State Housing Authority financed housing development, as defined by § 4001(15) of this title, the Delaware State Housing Authority may petition for the establishment of a custodianship with the Court of Chancery upon the grounds that there has existed for 5 days or more after notice to […]
§ 4401. Parties. (a) In a proceeding brought pursuant to § 4400 of this title, the Delaware State Housing Authority shall join as defendants: (1) The record owner or owners at the time of the filing of the petition and/or such owner’s heirs, executors, administrators or successors as existing at the time petition is filled; […]
§ 4402. Defenses. It shall be a sufficient defense to this proceeding if any defendant of record establishes that: (1) The condition or conditions described in the petition do not exist at the time of the hearing; (2) The condition or conditions alleged in the petition have been caused by the negligent acts of 1 […]
§ 4403. Stay of judgment by defendant. (a) Upon filing with the Court of Chancery, the matter shall be expedited pursuant to the process established by the Chancery Court Rules of Civil Procedure. If, after the hearing, the Court determines that the petition should be granted, the Court shall immediately enter an order thereon and […]
§ 4404. Custodianship procedures. (a) The Court shall appoint a custodian qualified to carry out the responsibilities of this chapter and such custodian may be the Delaware State Housing Authority, or its successor agency, by agreement of all parties of interest pursuant to subsection (b) of this section, or otherwise by order of the Court. […]
§ 4405. Powers and duties of custodian. The custodian shall have all the powers and duties accorded a custodian foreclosing a mortgage on real property, and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily limited to, collecting and using all rents and profits […]
§ 4406. Discharge of custodian; costs. (a) In addition to those situations described in § 4404 of this title, the custodian may also be discharged when: (1) The condition or conditions alleged in the petition have been remedied; (2) The property materially complies with all applicable provisions of any state or local statute, code, regulation […]
