§ 1606 — Mandatory cancellation

The court, upon motion of any party aggrieved, shall direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if:

(1) Mailing of the notice has not been completed within the time required by § 1605 of this title;

(2) The final judgment entered denying the claim covered by the notice of pendency is no longer appealable; or

(3) The claim relating to the real estate is one which, if sustained, would entitle the party solely to recover money or money damages.

Legislative History

67 Del. Laws, c. 59, § 1 ; 72 Del. Laws, c. 27, § 2