CHAPTER 190

FORMERLY

HOUSE BILL NO. 302

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MORTGAGES AND OTHER LIENS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE DELAWARE:

Section 1. Amend § 2120(a)(9), Title 25 of the Delaware Code, by inserting "or mortgage loan servicer" between the words "creditor" and "who" as they appear

Section 2. Amend § 2120(a)(10), Title 25 of the Delaware Code, by striking its entirety as it appears therein and by substituting in lieu thereof the following:

"(10) If the fully paid creditor or mortgage loan servicer is other mortgagee of record on the date of full payment, a statement by the an, signature appears on the affidavit that (i) the attorney was provided with a written payoff statement by the creditor or mortgage loan servicer, (ii) the attorney relied upon the written payoff statement, and (iii) the attorney made payment or caused p: made of the outstanding debt to the creditor or mortgage loan servicer;".

Section 3. Amend § 2120(a)(11), Title 25 of the Delaware Code, by insert] (,) between the phrases "mortgage 'payoff figure and "the open line" as they appear therein.

Section 4. Amend § 2120(a)(14), Title 25 of the Delaware Code, by striking entirety as it appears therein and by substituting in lieu thereof the following:

"(14) That the affiant attorney has fully paid or has caused to be f debt to the creditor or to the mortgage loan servicer and retains evidence of that payment;".

Section 5. Amend § 2120(e), Title 25 of the Delaware Code, by striking DEL.C. § 2119" as it appears in the title of the form of mortgage satisfaction affidavit and by substituting in lieu thereof the phrase "25 DEL.C. § 2120".

Section 6. Amend § 2120(e) by striking Paragraphs (9), (10), and (14) o; mortgage satisfaction affidavit in their entireties as they appear therein and by substituting in lieu thereof respectively the following:

"(9) The full name and address of the creditor or mortgage loan servicer who was fully paid is _________________;

"(0) "_________________________, who is the creditor or mortgage loan was fully paid is other than___________________, the last mortgagee in interest which appeared of record on the date of said payment. I did, however, obtain a written statement from the creditor or mortgage loan servicer on account of said n in accordance with and in reliance on the payoff statement, I made payment to be made of the outstanding debt to the creditor or mortgage lo and

"(14) I fully paid or caused to be fully paid such debt to the creditor or mortgage loan servicer and I retain evidence of that payment;".

Section 7. Amend § 2120(e) by striking the phrase "in the mortgage" therein between the phrases "in the mortgage" and "record, volume and page" in P of the form of mortgage satisfaction affidavit.

Approved July 16, 1997