Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 8750
Notice of order to sell to lienholders of real estate
If the property attached is in whole or in part real estate, the court making the order for the sale of property shall also order that notice be given to all persons holding liens and encumbrances against the real estate, as set out in the petition of the plaintiff but the failure to include in the petition or in the order the name of any person holding any such lien or encumbrance or the failure to give such notice to such person shall not be sufficient cause to set aside such sale, but the real estate so sold shall not be sold or discharged of liens and encumbrances existing against it held by any person not named in the order and not served with the notice. The notice shall be served personally upon such persons holding liens at least 6 days before the day of sale, by delivering to each of such persons a copy of the order of sale or by leaving a copy thereof at the usual place of abode of such persons within New Castle County in the presence of an adult person. In case it appears to the court that any of such persons holding liens has no known place of abode within New Castle County and cannot be served personally, the court shall order that publication of notice of the sale be made in such newspaper or newspapers published in New Castle County as shall in the judgment of the court best serve to bring to such person knowledge of the sale.
Amendment history
40 Del. Laws, c. 135, § 1
Source: view the official text
In this title (40 sections)
- 9-8723 · Form of monition
- 9-8724 · Posting of monition; sheriff’s return; alias or pluries…
- 9-8725 · Issuance and form of writ of venditioni exponas
- 9-8726 · Sales subject to approval of Department of Finance or Chief…
- 9-8727 · Title of property sold
- 9-8728 · Petition by purchasers for deed of conveyance
- 9-8729 · Redemption by owner
- 9-8730 · Petition by owner after redemption for entry on judgment record
- 9-8731 · Regularity of proceedings under venditioni exponas
- 9-8732 · No proceedings unless tax is a lien upon property;…
- 9-8733 · Fees and costs
- 9-8741 · Legal proceedings to collect unpaid taxes
- 9-8742 · Where attachment proceedings brought
- 9-8743 · Affidavit and writ of attachment
- 9-8744 · Notice of attachment to defendant
- 9-8745 · Affidavit of defense; time limit
- 9-8746 · Judgment for want of an affidavit of defense
- 9-8747 · Trial
- 9-8748 · Discharge of property or garnishee upon posting bond
- 9-8749 · Judgment and sale of property
- 9-8750 · Notice of order to sell to lienholders of real estate
- 9-8751 · Return of residue to defendant
- 9-8752 · Exemption laws do not apply; those liable as garnishee
- 9-8753 · Purchase at Sheriff’s Sale by agent of County
- 9-8754 · Proceedings to collect taxes where delay may lose benefit of…
- 9-8755 · Penalty for removing attached property from County
- 9-8756 · Procedure upon failure of bonded defendant to pay judgment
- 9-8757 · Procedure to confirm or set aside sale; second sale
- 9-8758 · Redemption of real estate by owner after sale
- 9-8759 · Owner’s petition and rights after redemption
- 9-8760 · Right of redemption by lienholder
- 9-8761 · Procedure to obtain deed
- 9-8771 · Sale of land; notice; certificate
- 9-8772 · Public notice of sale
- 9-8773 · Return of sale; deed upon approval of sale
- 9-8774 · Adjustment of tax sale proceedings upon change of office of…
- 9-8775 · Death of purchaser at tax sale
- 9-8776 · Approval or disapproval of sale; redemption
- 9-8777 · Action against personal representative of taxable
- 9-8778 · Costs upon sale of lands