Delaware Modifies Provisions Regarding Place of Public Sale of Real Estate

Delaware updated its provisions governing the public sale of real estate.  The modification permits the sheriff conducting the sale to decide where the public sale takes place.  The sheriff can choose among the following locations: (i) on the premises to be sold; (ii) at the courthouse for the county in which the premises are situated; (iii) at the Sheriff’s office or the building in which the Sheriff’s Office is located; or (iv) at any public building or outdoors on any public property located in the county where the premises are situated.

The modification defines “public building” and “public property” as “a building or property that is open to members of the public who wish to attend a sheriff’s sale.”  A public building or public property may include a building or property not owned by the government or a government entity. 

The modification is effective immediately.