Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 109
Defeasance or contract for reconveyance; recording; acknowledgment or proof
If a conveyance of lands, tenements or hereditaments is absolute on its face and there is a defeasance, or written contract in the nature of a defeasance, or for a reconveyance of the premises, or any part thereof, the person to whom such conveyance is made shall cause to be indorsed thereon, and recorded therewith, a note stating that there is such defeasance, or contract, and the general purport of it, or the recording of such conveyance shall be of no effect. Such defeasance, or contract, shall be duly acknowledged, or proved, and recorded in the recorder’s office for the county wherein such lands, tenements or hereditaments are situate within 60 days after the day of making the same, or it shall not avail against a fair creditor, mortgagee or purchaser for a valuable consideration of or from the person to whom such conveyance is made, unless it appears that such creditor, when giving the credit, or such mortgagee or purchaser when advancing the consideration, had notice of such defeasance, or contract. Such contract, although not under seal, may be acknowledged or proved in the same manner as a deed.
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In this title (40 sections)
- 25-81-410 · Escrow of deposits
- 25-81-411 · Release of liens
- 25-81-412 · Conversion buildings
- 25-81-413 · Express warranties of quality
- 25-81-414 · Implied warranties of quality
- 25-81-415 · Exclusion or modification of implied warranties of quality
- 25-81-416 · Statute of limitations for warranties
- 25-81-417 · Effect of violations on rights of action; attorneys’ fees
- 25-81-418 · Labeling of promotional material
- 25-81-419 · Declarant’s obligation to complete and restore
- 25-81-420 · Substantial completion of units
- 25-81-421 · Amendment to public offering statement
- 25-101 · Transfer of title to real estate by deed
- 25-102 · Effect of deeds by married women
- 25-103 · Circumstances under which wife may bar her dower without…
- 25-104 · Trustee for wife with a mental disability; barring of dower
- 25-105 · Trustee for husband with a mental disability; barring of…
- 25-106 · Effect of deed executed by trustee for spouse with a mental…
- 25-107 · Conveyance of real estate by married woman deserted without…
- 25-108 · Deeds and other instruments executed by the Home Owners’ Loan…
- 25-109 · Defeasance or contract for reconveyance; recording;…
- 25-110 · Certificates of notaries public; validity
- 25-121 · Form of deed; legal effect; other forms as valid
- 25-122 · Acknowledgment and proof of deeds
- 25-123 · Certification of acknowledgment or proof
- 25-124 · Acknowledgment and execution of deed by married woman deserted…
- 25-125 · Place for taking acknowledgment or proof
- 25-126 · Certification of acknowledgments by justices of the peace; form
- 25-127 · Acknowledgment of corporate deeds or other instruments
- 25-128 · Certification of acknowledgments by Mayor of Wilmington; fee
- 25-129 · Acknowledgment or proof outside State
- 25-130 · Notarial acts by members of the armed forces
- 25-131 · Validation of certain instruments as deeds
- 25-132 · Validity of legal instruments having defective…
- 25-133 · Address of grantee on deed
- 25-134 · Authentication and recognition of acknowledgments
- 25-135 · Tax ditch, tax lagoon, right-of-way, or assessment
- 25-151 · Recording of deeds and letters of attorney
- 25-152 · Recording as affecting lands in county of recording
- 25-153 · Priority of deed concerning lands or tenements