Delaware 2023 2023-2024 Regular Session

Delaware House Bill HB210 Draft / Bill

                    SPONSOR:      Rep. Dorsey Walker & Sen. Poore       Reps. Bush, K. Johnson, Schwartzkopf; Sen. Gay           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 210       AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SALE UNDER EXECUTION.      

     

     SPONSOR:      Rep. Dorsey Walker & Sen. Poore       Reps. Bush, K. Johnson, Schwartzkopf; Sen. Gay     

SPONSOR: Rep. Dorsey Walker & Sen. Poore
Reps. Bush, K. Johnson, Schwartzkopf; Sen. Gay

 SPONSOR:  

 Rep. Dorsey Walker & Sen. Poore 

 Reps. Bush, K. Johnson, Schwartzkopf; Sen. Gay 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 210 

   

 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SALE UNDER EXECUTION. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend Chapter 49, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    4974. Place for public sale of real estate.   (a) As used in this section, public building and public property mean a building or property that is open to members of the public who wish to attend a sheriffs sale. Public building or public property includes a building or property not owned by the government or a governmental entity.   (b) All sales of real estate, made by a sheriff by virtue of execution process, shall be made at any 1 of the following locations:   (1) On the premises to be sold.   (2) At the courthouse for the county in which the premises are situated.   (3) At the Sheriffs Office or the building in which the Sheriffs Office is located.   (4) At any public building or outdoors on any public property located in the county where the premises are situated.   (5) Through an online auction process that is available to the public and accommodates parties who cannot bid electronically.   (c) Unless otherwise directed by court order, the sheriff conducting a sale retains exclusive authority to determine the location and means for the sale of real property by virtue of execution as permitted by subsection (b) of this section.   (d) The sheriff may promulgate rules to implement this section.      

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

 Section 1. Amend Chapter 49, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  4974. Place for public sale of real estate. 

 (a) As used in this section, public building and public property mean a building or property that is open to members of the public who wish to attend a sheriffs sale. Public building or public property includes a building or property not owned by the government or a governmental entity. 

 (b) All sales of real estate, made by a sheriff by virtue of execution process, shall be made at any 1 of the following locations: 

 (1) On the premises to be sold. 

 (2) At the courthouse for the county in which the premises are situated. 

 (3) At the Sheriffs Office or the building in which the Sheriffs Office is located. 

 (4) At any public building or outdoors on any public property located in the county where the premises are situated. 

 (5) Through an online auction process that is available to the public and accommodates parties who cannot bid electronically. 

 (c) Unless otherwise directed by court order, the sheriff conducting a sale retains exclusive authority to determine the location and means for the sale of real property by virtue of execution as permitted by subsection (b) of this section. 

 (d) The sheriff may promulgate rules to implement this section. 

   

  SYNOPSIS   This bill provides that public sales of real estate may occur via an online auction process.      

 SYNOPSIS 

 This bill provides that public sales of real estate may occur via an online auction process.