Delaware General Assembly

Signed 6/28/16

The General Assembly has ended, the current status is the final status.

5/3/16

Mitchell

Reps. M. Smith, Lynn
Sen. Henry, Townsend

Reps. Brady, J. Johnson, Paradee, Smyk, Spiegelman
Sen. Lavelle, McDowell

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO PROPERTY.

This bill eliminates the requirement that a mortgage be under seal in order for it to be enforced through a foreclosure proceeding in the Superior Court pursuant to Chapter 49 of Title 10. The under seal requirement is most prominently described in the case of Monroe Park v. Metropolitan Life Ins. Co., 457 A.2d 734, 736 (Del. 1983) (“[I]t is well settled that unless the seal requirement is abolished by statute, a mortgage must be under seal to be enforceable at law.”). This amendment is intended to supersede that specific holding, eliminating the need to bring an equitable foreclosure in the Court of Chancery for mortgages that are not under seal and correspondingly allow enforcement in Superior Court of mortgages that are not under seal.

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