Delaware Code

10 Del. C. § 4985 (2026)

Discharge of liens upon execution sale; exceptions

✓ current as of May 2026

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Real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against one or more of the defendants, if there is more than one, whose property such real estate is, except such liens as have been created by mortgage or mortgages prior to any general liens; and with respect to such, the sale shall be a discharge to the extent to which the proceeds thereof may be legally applicable to a judgment or judgments obtained for the debt, to secure the payment of which the mortgage or mortgages respectively, if there is more than one, appear to have been given, and the real estate shall also be discharged from all right of dower and curtesy therein of any defendant in the execution.

14 Del. Laws, c. 94, § 1; Code 1915, § 4373; 36 Del. Laws, c. 269, § 2; Code 1935, § 4831; 10 Del. C. 1953, § 4985;

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1970–2023 · leading case: Cedar Inn, Inc. v. King's Inn, Inc., 269 A.2d 781 (Del. Super. Ct. 1970).

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Cedar Inn, Inc. v. King's Inn, Inc., 269 A.2d 781 (Del. Super. Ct. 1970). · cites it 6× “It further argues that under the provisions of 10 Del.C. § 4985, as discussed by Judge Woolley in Woolley on Delaware Practice (Vol.”

REO Trust 2017-RPL 1 v. Short Sale, LLC (Del. Super. Ct. 2023). “30, 2011) (“It appears to the Court that [10 Del. C. § 4985] was enacted to allow purchasers to take property unencumbered by judgments against the prior owner, unless those judgments were supported by a mortgage.”

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