John L. Mitchell
- Democratic
Primary
This act modifies the locations at which sheriff’s sales may be conducted to provide the sheriffs with needed flexibility and to modernize the sheriff’s sale process. The recent COVID-19 pandemic has revealed substantial inflexibility in 10 Del. C. § 4974 as currently adopted, forcing the sheriff of each of the three counties to either hold sheriff’s sales outdoors, find non-governmental venues in which to hold sheriff’s sales or cancel sheriff’s sales. Additionally, the New Castle County Sheriff is considering using an online auction process to conduct sheriff’s sales, as other counties throughout the United States have done, but § 4974 as currently adopted does not permit online sheriff’s sales. Finally, this act removes uncertainty regarding the meaning of the term “public building” as currently used in § 4974 by adopting a definition that is consistent with the Delaware Supreme Court’s definition of that term in Moore v. Wilmington Housing Authority, 619 A.2d 1166, 1174-75 (Del. 1993).
Signed by Governor
Passed By Senate. Votes: 21 YES
Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
Passed By House. Votes: 40 YES 1 ABSENT
Amendment HA 1 to HB 159 - Passed In House by Voice Vote
Amendment HA 1 to HB 159 - Introduced and Placed With Bill
Reported Out of Committee (Judiciary) in House with 2 Favorable, 6 On Its Merits
Introduced and Assigned to Judiciary Committee in House
| Bill Text Versions | Format |
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| Bill Text | PDF HTML |
| HA 1 to HB 159 | HTML PDF |
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| No related documents. |
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