CHAPTER 27

FORMERLY

HOUSE BILL NO. 38

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 1602, Title 25 of the Delaware Code by striking in its entirety the last sentence contained therein.

Section 2. Amend § 1606, Title 25 of the Delaware Code by inserting the phrase “and mark the indices accordingly” between the words “pendency” and “if” as they appear in the first sentence of said section.

Section 3. Amend § 1608, Title 25 of the Delaware Code by inserting the phrase “and mark the indices accordingly” between the words “pendency” and “if” as they appear in the first sentence of said section.

Section 4. Amend § 1609, Title 25 of the Delaware Code by inserting the phrase “and mark the indices accordingly” between the words “pendency” and “upon” as they appear in the first sentence of said section.

Section 5. Amend § 1612, Title 25 of the Delaware Code by striking § 1612 in its entirety and by substituting in lieu thereof the following:

Ҥ 1612. Fee for recording notice as taxable costs.

The fee for recording any notices required under this chapter shall be taxable as a part of the costs in the action.’’

Section 6. Amend § 1613, Title 25 of the Delaware Code by striking § 1613 in its entirety and by substituting in lieu thereof the following:

Ҥ 1613. Recording and marginal notation of judgement or stipulation of dismissal.

Whenever a stipulation of dismissal is filed, or whenever a final judgment entered is no longer appealable, notice of the pendency of which action has been filed in the Office of the Recorder of Deeds, the party who filed the notice of pendency shall cause a certified copy of the order of final judgment or a copy of the stipulation to be recorded in the Office of the Recorder of Deeds. Upon payment of the proper fee, the Recorder of Deeds shall record the order or stipulation and mark the indices accordingly. If the party who filed the notice of pendency fails or refuses to file a certified copy of the final order or stipulation of dismissal, any party aggrieved by the filing of the notice may cause the order or stipulation to be filed.”

Approved May 12,1999