Rule 70. Petitions for title to abandoned property

(a) Persons seeking to obtain title to abandoned property pursuant to 25 Del. C. Ch. 40 may petition the Court for title using the forms prescribed by the Court.

(b) The Court shall send, by certified mail, a copy of the petition, notice and request for information and order to: (1) all owners and other parties with an interest in the property who have been identified by the petitioner; and (2) all other owners and other parties with an interest in the property who have been identified on any answer received by the Court.

(c) The Court may only grant title to the petitioner:

(1) for any property for which registration of ownership is required by law if the petitioner certifies that he or she has checked ownership with the appropriate agency and has performed all statutory requirements. Title shall also be given for any property for which sufficient information is available to search for liens only if a lien search has been conducted with the appropriate agencies and a copy of the lien search report has been attached to the petition. If the property is a motor vehicle registered in Delaware, a copy of the certificate of lien from the Delaware Division of Motor Vehicles and a report from the Delaware Auto Theft Unit must be attached. The lien certificate and theft report must be no more than 120 days old on the date of initial filing with the Court.

(2) for any other type of property, if the applicant has made a reasonable effort to locate the owner/lienholders/other parties with an interest in the property. The Court may prescribe such methods of locating the owner as it deems reasonable in the circumstances, including posting a notice of the filing of the petition in the courthouse and in 5 or more public places, and advertising in a newspaper published and/or circulated in the county. The petitioner must file proof as in paragraph (f) with the Court that petitioner has provided the notice required by statute, and paid the applicable filing fee.

(d) If the Court receives an answer from an owner or other party with an interest in the property, the Court shall schedule a hearing, notifying all owners/other parties with an interest in the property who have not filed a release of their interest. If no answer is received within 20 days of the date the notice was sent to the last owner, any lienholder or other parties with an interest, the court shall issue an order declaring that the petitioner has full right, title and interest to the abandoned property provided that the court is satisfied that the petitioner has submitted all required information and that a reasonable effort has been made to locate the owner/lienholders/other parties with an interest in the property.

(e) If the petitioner is found to have a valid claim for the property pursuant to 25 Del. C. Ch. 40, but one or more other parties are also found to have a valid interest in the property, the Court shall order that a constable's sale of the property be held.

(f) Prior to the constable's sale, the petitioner must give at least 15 days notice of the sale by handbills posted in five or more public places and by advertising in newspapers published and/or circulated in the county in which the sale is to be held. Petitioner must file with the Court a copy of the posted handbill, a notarized list of the locations at which the handbill was posted, and an affidavit of the newspaper publishing the notice with the notice attached at least 5 days before the sale.

(g) The balance, if any, from the proceeds of the sheriff's sale after payment of the costs of keeping and selling the property, costs of execution, and court costs, shall be deposited with the Court within 10 days from the date of the sale, along with a disposition of proceeds. The Court shall apply such balance to the payment of any lien or other interest which was determined at the hearing to be valid. The Court should distribute any balance remaining after payment of the liens to the petitioner.

(h) Whenever title to a motor vehicle is awarded to the petitioner or when a motor vehicle is purchased a constable's sale pursuant to 25 Del. C. { 4004, the Court shall enter an order requiring the Department of Motor Vehicles to issue title to the vehicle in the name of the petitioner or purchaser.

(i) The sheriff shall file a disposition of proceeds with the Court following any constable's sale under this Rule.