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Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 5905

Receivership procedures

Official textdelcode.delaware.gov

The receiver shall be the Division of Consumer Protection of the State or its successor agency.

# (1)

Upon its appointment, the receiver must make within 15 days an independent finding whether there is proper cause shown for the need for rent to be paid to it and for the employment of a private contractor to correct the condition complained of in § 5901 of this title and found by the Court to exist.

# (2)

If the receiver shall make such a finding, it shall file a copy of the finding with the recorder of deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists.

# (3)

Upon completion of the aforesaid contractual work and full payment of the contractor, the receiver shall file a certification of such with the recorder of deeds of the appropriate county, and this filing shall release the aforesaid lien.

# (4)

The receiver shall forthwith give notice to all lienholders of record.

# (5)

If the receiver shall make a finding at such time or any other time that for any reason the appointment of a receiver is not appropriate, it shall be discharged upon notification of the Court and all interested parties and shall make legal distribution of any funds in its possession.

Amendment history

58 Del. Laws, c. 472, § 1; 69 Del. Laws, c. 291, § 98(c)

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In this title (40 sections)
  1. 25-5705 · Service and filing of notice
  2. 25-5706 · Manner of service
  3. 25-5707 · Contents of complaint generally
  4. 25-5708 · Additional contents of certain complaints
  5. 25-5709 · Answer
  6. 25-5710 · Trial
  7. 25-5711 · Judgment
  8. 25-5712 · Default judgment
  9. 25-5713 · Jury trials
  10. 25-5714 · Compelling attendance of jurors
  11. 25-5715 · Execution of judgment; writ of possession
  12. 25-5716 · Stay of proceedings by tenant; good faith dispute
  13. 25-5717 · Stay of proceedings on appeal
  14. 25-5718 · Proceedings in forma pauperis
  15. 25-5719 · Landlord regaining possession of residential rental unit upon…
  16. 25-5720 · Shielding of records
  17. 25-5901 · Petition for receivership; grounds, notice and jurisdiction
  18. 25-5902 · Necessary parties defendant
  19. 25-5903 · Defenses
  20. 25-5904 · Stay of judgment by defendant
  21. 25-5905 · Receivership procedures
  22. 25-5906 · Powers and duties of the receiver
  23. 25-5907 · Discharge of the receiver
  24. 25-6101 · Metering and charges for utility services
  25. 25-6102 · Definitions
  26. 25-6103 · Preference of rent in cases of execution
  27. 25-6104 · Confession of judgment
  28. 25-6105 · Taxes paid by tenant; setoff against rent; recovery from owner
  29. 25-6301 · Action at law; jurisdiction; case in which distress lies
  30. 25-6302 · Form of claim; contents; costs
  31. 25-6303 · Order of distress; service of claim and order; levy;…
  32. 25-6304 · Levied goods in custody of Court; removal and sale;…
  33. 25-6305 · Protective measures upon a showing that a tenant may abscond
  34. 25-6306 · Procedure in the event of a forcible entry
  35. 25-6307 · Release of distrained property upon filing of bond
  36. 25-6308 · Answer to claim; hearing; final order of sale
  37. 25-6309 · Public sale of property distrained; notice of sale
  38. 25-6310 · Liability of officer
  39. 25-6501 · , 6502. Preference of rent in cases of execution; taxes paid…
  40. 25-6503 · , 6504. Discrimination in renting; refusal to rent because of…
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