2016 Delaware Code
Title 25 - Property
CHAPTER 21. MORTGAGES ON REAL ESTATE
§ 2120. Authorization to satisfy mortgage.

(a) An attorney authorized to practice law in the State who has paid in full or caused to be paid in full a debt owed by any debtor to any creditor holding a mortgage securing such debt and encumbering a property owned by the debtor, may, at any time after the expiration of 60 days after such debt has been paid in full, and after giving a minimum of 15 days' notice to said creditor, record with the recorder of deeds in the county in which such property is located, an affidavit and request which shall contain the following information:

(1) The mortgage record, volume and page of the mortgage proposed to be marked fully paid and satisfied;

(2) The full name and address of the original mortgagee;

(3) The name of the original mortgagor or mortgagors;

(4) The original date of the mortgage;

(5) The original amount of the mortgage;

(6) A satisfactory description of the property which is encumbered by the mortgage, including, but not limited to:

a. The property address and/or lot number;

b. Subdivision name, if any; and

c. The tax parcel number assigned to such property;

(7) The name of each entity to whom the mortgage was subsequently assigned, together with the dates and recording information of said assignments;

(8) The full name and address of the last mortgagee in interest which appears of record on the mortgage;

(9) The full name and address of the creditor or mortgage loan servicer who was fully paid;

(10) If the fully paid creditor or mortgage loan servicer is other than the last mortgagee of record on the date of full payment, a statement by the attorney whose signature appears on the affidavit that:

a. The attorney was provided with a written payoff statement by the creditor or mortgage loan servicer;

b. The attorney relied upon the written payoff statement; and

c. The attorney made payment or caused payment to be made of the outstanding debt to the creditor or mortgage loan servicer;

(11) If the mortgage secured a home equity or other consumer open line of credit, affiant attorney, where requested in writing by the mortgagee, shall, also in writing, instruct said mortgagee to close, effective upon the date and time of receipt of the mortgage "payoff figure," the open line of credit and that no additional funds are to be advanced under the open line of credit;

(12) The date on which the debt was fully paid;

(13) That at least 60 days have elapsed since the debt was fully paid;

(14) That the affiant attorney has fully paid or has caused to be fully paid the debt to the creditor or to the mortgage loan servicer and retains evidence of that payment;

(15) That after a minimum of 15 days' notice, by certified mail, return receipts requested, the mortgagee of record at the time of the full payment described in the affidavit, has failed to accomplish satisfaction of the mortgage in the mortgage record, volume and page in which such mortgage appears in the public records;

(16) That the attorney requests the recorder of deeds in the county in which such property is located to indicate in the property records of that county that such mortgage is fully paid and satisfied;

(17) That the attorney whose signature appears on said affidavit has personally reviewed all of the information and each of the facts contained in said affidavit and request; and

(18) That the information contained in said affidavit and request is true and correct to the best of the attorney's knowledge.

(b) The recorder of deeds, or a duly appointed deputy, in the county in which the debtor's property encumbered by such mortgage is located shall be authorized to cause said mortgage to be satisfied upon receipt of such affidavit and request by the attorney fully paying such debt.

(c) The recorder of deed's office may charge a fee for accepting and recording the affidavit and satisfying the mortgage.

(d) This section shall, in no way, limit the authority of the recorder of deeds to otherwise satisfy mortgages as provided by law.

(e) The following or substantially consistent revisions by the recorder of deeds shall be a sufficient form of mortgage satisfaction affidavit pursuant to this section:

AFFIDAVIT CERTIFYING MORTGAGE PAYOFF AND REQUEST FOR MORTGAGE SATISFACTION PURSUANT TO 25 DEL. C. § 2120

STATE OF DELAWARE            )

              ) SS.

NEW CASTLE COUNTY            )

I, the undersigned, an attorney authorized to practice law in the State of Delaware, after having first been duly sworn, depose and say as follows:

(1) The mortgage proposed to be marked fully paid and satisfied appears in Mortgage Record ___, Volume ___, Page ___;

(2) The full name and address of the original mortgagee is ;

(3) The name of the original mortgagor(s) is (are) ;

(4) The original date of the mortgage is ;

(5) The original amount of the mortgage is ;

(6) A satisfactory description of the property which is encumbered by the mortgage, including, but not limited to the following is:

a. The property address and/or lot number is ;

b. Subdivision name, if any, ; and

c. The county tax parcel number assigned to such property is

;

(7) After the original mortgage was recorded, the mortgage was subsequently assigned of record to each of the following entities on the date and at the book and page there noted:

to ___ on ___ at Book/Volume ___ and Page No. ___

to ___ on ___ at Book/Volume ___ and Page No. ___

to ___ on ___ at Book/Volume ___ and Page No. ___

to ___ on ___ at Book/Volume ___ and Page No. ___

(8) The full name and address of the last mortgagee in interest on the mortgage is ;

(9) The full name and address of the creditor or mortgage loan servicer who was fully paid is ;

(10) _______________, who is the creditor or mortgage loan servicer that was fully paid is other than _______________, the last mortgagee in interest which appeared of record on the date of said payment. I did, however, obtain a written payoff statement from the creditor or mortgage loan servicer on account of said mortgage, and, in accordance with and in reliance on the payoff statement, I made payment or caused payment to be made of the outstanding debt to the creditor or mortgage loan servicer;

(11) I have, where applicable, instructed the mortgagee, in writing, effective the date and time of receipt of the mortgage "payoff figure", to close and decline any further advances on the home equity or other consumer open line of credit which was secured by the affected mortgage;

(12) The date on which the debt was fully paid is ;

(13) At least 4 months have elapsed since the debt was fully paid and the amount of the debt so paid is not in dispute;

(14) I fully paid or caused to be fully paid such debt to the creditor or mortgage loan servicer and I retain evidence of that payment;

(15) After a minimum of 15 days' notice by me, by certified mail, return receipt requested, the last mortgagee in interest has failed to take appropriate steps to accomplish satisfaction of the mortgage in the mortgage record, volume and page where such mortgage appears in the public records;

(16) I request the Recorder of Deeds in __________ County to indicate in the record of said County that such mortgage is fully paid and satisfied;

(17) I have personally reviewed all of the information and each of the facts contained in this affidavit and request; and

(18) The information contained in this affidavit and request is true and correct to the best of my knowledge.

(f) An affidavit given in the form above shall be notarized by a notary public.

69 Del. Laws, c. 465, § 1; 71 Del. Laws, c. 190, §§ 1-7; 75 Del. Laws, c. 307, § 5.;