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SB316 • 2025

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE ATTORNEY SATISFACTION OF MORTGAGES AND OTHER RECORDED LIENS PAID BY A LICENSED DELAWARE ATTORNEY.

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE ATTORNEY SATISFACTION OF MORTGAGES AND OTHER RECORDED LIENS PAID BY A LICENSED DELAWARE ATTORNEY.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Mantzavinos
Last action
2026-05-20
Official status
Out of Committee 5/20/26
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific details on the consequences if an attorney fails to file the required affidavit.

Law to Help Attorneys Clear Property Liens

This law allows licensed Delaware attorneys to clear property liens, including homeowner association or condominium liens and other monetary liens, when they pay them off.

What This Bill Does

  • Allows a licensed Delaware attorney to file an administrative satisfaction for any type of lien paid off by the attorney.
  • Requires the attorney to use an affidavit similar to those used for mortgage satisfactions but adjusted based on the specific type of lien.

Who It Names or Affects

  • Licensed Delaware attorneys who pay off property liens.
  • Homeowners whose properties have unsatisfied liens paid by an attorney.

Terms To Know

Lien
A legal claim against a property that secures the payment of a debt or charge.
Affidavit
A written statement sworn to be true, often used in legal processes.

Limits and Unknowns

  • The law does not specify what happens if an attorney fails to file the required affidavit.
  • It is unclear how this will affect existing unsatisfied liens before the bill's passage.

Bill History

  1. 2026-05-20 Delaware General Assembly

    Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 2 Favorable, 5 On Its Merits

  2. 2026-05-12 Delaware General Assembly

    Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE ATTORNEY SATISFACTION OF MORTGAGES AND OTHER RECORDED LIENS PAID BY A LICENSED DELAWARE ATTORNEY.
Currently, if a licensed Delaware attorney pays off a mortgage in conjunction with a real-estate settlement and the lender fails to file a satisfaction piece within 60 days, the attorney may administratively satisfy that mortgage to clear the title record. Unfortunately, often other types of liens that are paid off remain unsatisfied and cloud title for the homeowner. This Act clarifies that a licensed Delaware attorney may also file an administrative satisfaction or partial release for any other type of lien that the Delaware attorney paid off.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Mantzavinos & Rep. Bush

Sens. Hansen, Hoffner

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 316

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE ATTORNEY SATISFACTION OF MORTGAGES AND OTHER RECORDED LIENS PAID BY A LICENSED DELAWARE ATTORNEY.

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

Section 1. Amend § 2120, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2120. Authorization to satisfy

mortgage.

mortgage and other liens paid off by a licensed Delaware attorney.

(j)(1) For purposes of this subsection:

a. “Lien” includes a homeowner association or condominium lien, UCC financing statements, judgments, and any other monetary lien recorded with a recorder of deeds office.

b. “Lien” does not include a mortgage.

(2) If an attorney authorized to practice law in this State satisfies, partially releases, or releases a specific property that is part of a lien recorded with a recorder of deeds office, the attorney may use the procedure under subsection (a) of this section to satisfy a lien or the procedure under subsection (b) of this section to partially satisfy a lien.

(3) If an attorney authorized to practice law in this State uses either of the procedures authorized under paragraph (j)(2) of this section, the attorney shall use an affidavit that is substantially similar to the affidavit authorized under subsection (f) of this section, for a satisfaction of a lien, or subsection (g) of this section, for a partial release of a lien or release of a specific property that is part of a lien. The attorney may adjust the affidavit as necessary based on the type of lien satisfied or partially satisfied.

SYNOPSIS

Currently, if a licensed Delaware attorney pays off a mortgage in conjunction with a real-estate settlement and the lender fails to file a satisfaction piece within 60 days, the attorney may administratively satisfy that mortgage to clear the title record. Unfortunately, often other types of liens that are paid off remain unsatisfied and cloud title for the homeowner. This Act clarifies that a licensed Delaware attorney may also file an administrative satisfaction or partial release for any other type of lien that the Delaware attorney paid off.

Author: Senator Mantzavinos