Delaware · TitleDelaware notice of pendency: who may record it, the three-year term and cancellation

In Delaware, a party asserting a claim in a state court or the federal district court whose object is to affect title to, or enforce an equitable lien on, real estate may, after filing the claim, record a written notice of pendency under oath with the recorder of deeds of any county where the property lies, giving the court and case number, the object of the action, a legal description and the names of the parties against whom it is to be indexed; no notice may be filed on a claim that would entitle the party only to money (25 Del. C. §1601). Recording is notice to anyone acquiring an interest from or through a named party, who is then bound by later proceedings until cancellation; without a recorded notice, a pending action isn't constructive notice before final judgment (§1603). The notice is effective for three years from recording; the court may extend it for good cause by an order recorded before the term expires (§1604). Within 5 days the recording party must serve or mail a copy to each indexed party and to everyone with a recorded interest, and file an affidavit of compliance within 10 days (§1605). The court must cancel the notice if the mailing wasn't timely, if a final judgment denying the claim is no longer appealable, or if the claim seeks only money (§1606).