Delaware Code Title 31 Sec. 4404 – Custodianship procedures
(a) The Court shall appoint a custodian qualified to carry out the responsibilities of this chapter and such custodian may be the Delaware State Housing Authority, or its successor agency, by agreement of all parties of interest pursuant to subsection (b) of this section, or otherwise by order of the Court.
Terms Used In Delaware Code Title 31 Sec. 4404
- Lien: A claim against real or personal property in satisfaction of a debt.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) (1) Upon its appointment, the custodian shall make within 15 days an independent finding and recommendation to the Court as to whether or not there is proper cause shown for the need for rent to be paid to it, and for the employment of a private contractor to correct the condition complained of in § 4400 of this title and found by the Court to exist.
(2) If the custodian makes such a finding and recommendation to the Court and the Court adopts the custodian’s recommendation, the custodian shall file a copy of the Court’s order with the recorder of deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists.
(3) Upon completion of the aforesaid contractual work and full payment to the contractor, the custodian shall file a certification of such with the Court and the recorder of deeds of the appropriate county, and this filing shall release the aforesaid lien.
(4) The custodian shall forthwith give notice to all lien-holders of record.
(5) If the custodian shall make a finding at such time or any other time that for any reason the appointment of the custodian may not be appropriate and/or is no longer necessary, it shall make application to the Court for discharge after notice to all interested parties and, if so ordered, shall make legal distribution of any funds in its possession, including the return of any security posted pursuant to this chapter.