Delaware § 4401 Parties

Delaware Statutes

§ 4401 — Parties

Delaware·Title 31·Part Housing and Slum Clearance·Ch. 44 CUSTODIANSHIP

(a)In a proceeding brought pursuant to § 4400 of this title, the Delaware State Housing Authority shall join as defendants:

(1)The record owner or owners at the time of the filing of the petition and/or such owner’s heirs, executors, administrators or successors as existing at the time petition is filled; and

(2)Persons having an equitable or legal interest of record at the time the petition filed, including an interest to a judicial sale or a statutory sale pursuant to § 8771 et seq. of Title 9.

(b)Lien holders as persons whose real or equitable interests in the housing development may be adversely affected by a petition pursuant to this chapter shall not be deemed to be necessary parties and shall not be required to be joined as a defendants. Notice in writing, however, shall be g

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(a) In a proceeding brought pursuant to § 4400 of this title, the Delaware State Housing Authority shall join as defendants:

(1) The record owner or owners at the time of the filing of the petition and/or such owner’s heirs, executors, administrators or successors as existing at the time petition is filled; and

(2) Persons having an equitable or legal interest of record at the time the petition filed, including an interest to a judicial sale or a statutory sale pursuant to § 8771 et seq. of Title 9.

(b) Lien holders as persons whose real or equitable interests in the housing development may be adversely affected by a petition pursuant to this chapter shall not be deemed to be necessary parties and shall not be required to be joined as a defendants. Notice in writing, however, shall be given to the above classes of persons in the manner prescribed from time to time by the Rules of Civil Procedure of the Court of Chancery for the State.

(c) The Chancery Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof and the manner of notice to persons having an interest in the housing development which relate to the custodian proceedings.

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