CHAPTER 341

AN ACT RELATING TO THE SATISFACTION OF JUDGEMENTS AND MORTGAGES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 4751, Title 10, Delaware Code, is amended to read:

§ 4751. Time for entry; penalty for failure to satisfy; jurisdiction

(a) Every person, to whom a sum is due by judgement, receiving satisfaction of the same shall forthwith cause such satisfaction to be entered upon the record of the judgement.

(b) Whoever being the holder of a judgement willfully fails to satisfy a judgement upon the record as required by this section, shall be guilty of a misdemeanor and fined not more than $500 for each such failure.

(c) The Superior Court shall have jurisdiction over offenses under this section.

Section 2. § 4573, Title 10, Delaware Code, is amended to read:

§ 4753. Persons making and signing entry

Satisfaction shall be entered by the legal holder of the judgement of such satisfaction upon the record of the judgement. Such entry shall be signed by the holder of such judgement or his or its attorney of record, or his or its attorney duly constituted, or, when a corporation is the holder, by any officer or the cashier or assistant cashier of the corporation or the attorney thereof duly constituted and attested by the Prothonotary.

Section 3. § 4754, Title 10, Delaware Code, is amended to read:

§ 4754. Penalty for failure to enter within time limit

Any person committing a default under section 4751 of this title, his executors or administrators, in addition to the other penalties provided for, shall be liable to the defendant in the judgement, or the executors or administrators of such defendant, in damages, to be recovered in a civil action. The damages shall not be less than $10 nor more than $500 except when special damages to a larger amount are alleged in the complaint and proved.

Section 4. § 2111, Title 25, Delaware Code, is amended to read:

§ 2111. Satisfaction of mortgages

(a) Whenever the debt or duty secured by a mortgage or conveyance in the nature of a mortgage is satisfied or performed, the legal holder of such mortgage or conveyance at the time of the satisfaction or performance completed, shall, forthwith after satisfaction or performance completed, cause an entry of such satisfaction or performance to be made upon the record of such mortgage or conveyance. Such entry shall be signed by the holder of such mortgage or conveyance, or his attorney duly constituted; or, when a corporation is the holder, by any officer or the cashier or assistant cashier, or the attorney of the corporation duly constituted, and attested by the Recorder. The fee for entering such satisfaction or performance upon the record of such mortgage or conveyance shall be paid by the debtor or obligor unless the mortgage or conveyance provides otherwise.

() Whoever being the holder of a mortgage willfully fails to satisfy a mortgage upon the record as required by this section, shall be guilty of a misdemeanor and fined not more than $500 for each such failure.

(a) The Superior Court shall have jurisdiction over offenses under this section.

Section 5. § 2114, Title 25, Delaware Code, is amended by inserting the words, "in addition to the other penalties provided for", following the words "such corporation" and before the words "shall be liable" as they appear in said section.

Section 6. § 2115(a), Title 25, Delaware Code, is amended by striking out the words "within 60 clays" as they appear in line 6 of said section and inserting in lieu thereof the words "forthwith".

Section 7. Any satisfaction of a judgement or mortgage entered or made by an officer of a corporation prior to the effective date of this at shall be effective notwithstanding that such officer was not empowered to enter or make a satisfaction of a judgement or mortgage by prior law.

Approved May 26, 1966.