Supreme Court of Delaware

Eastern Savings Bank, Fsb, Below v. Cach, LLC, Below

August 24, 20122012 Del. LEXIS 451

Summary

The Court held that a sheriff's sale discharges all nonmortgage liens on the property and that the sale proceeds must be distributed according to the liens' recording priority. Because CACH recorded its judgment lien before Eastern recorded its mortgage, CACH was entitled to priority in the proceeds despite Eastern's foreclosure. The Court affirmed the Superior Court and remanded for entry of judgment in CACH's favor.