Delaware Code Title 31 Sec. 4713 – Expedited quiet title proceedings
(a) As provided under § 6502 of Title 10, the land bank shall:
(1) Be authorized to file an action to quiet title as to any real property in which the land bank has standing to file such an action.
(2) Prior to the filing of an action to quiet title, the land bank shall conduct an examination of title to determine the identity of any and all persons and entities possessing a claim or interest in or to the real property. Service of the complaint to quiet title shall be provided to all such interested parties by all of the following methods:
a. Registered or certified mail to such identity and address as reasonably ascertainable by an inspection of public records.
b. In the case of occupied real property by registered or certified mail, addressed to “Occupant.”
c. By posting a copy of the notice on the real property.
d. By publication in a newspaper of general circulation in the geographic location in which the property is located.
e. Such other methods as the Court may order.
Terms Used In Delaware Code Title 31 Sec. 4713
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Land bank: means a land bank established under this chapter and in accordance with the provisions of this chapter. See Delaware Code Title 31 Sec. 4703
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) As part of the complaint to quiet title, the land bank shall file an affidavit identifying all parties potentially having an interest in the real property, and the form of notice provided.
(c) If the land bank moves for expedited proceedings the Court shall schedule a hearing on the complaint within 90 days following filing of the complaint, and as to all matters upon which an answer was not filed by an interested party, the Court shall issue its final judgment within 120 days of the filing of the complaint.
(d) Notwithstanding Court of Chancery Rule 19, a land bank shall be authorized to join in a single complaint to quiet title to 1 or more parcels of real property.