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Delaware Code Title 6. Commerce and Trade § 2403B. Exempt agreements and persons

Current as of January 01, 2026 | Updated by Findlaw Staff

This chapter does not apply to:

(1) An individual admitted to practice law in this State, while performing any activity related to the individual’s regular practice of law in this State;

(2) A person who holds, or is owed as an obligation secured by, a lien on any residence in default with respect to which the person performs services in connection with the obligation or lien, if the obligation or lien did not arise as a result of a foreclosure reconveyance;

(3) A person doing business under any law of this State or the United States, which law regulates banks, trust companies, savings and loan associations, credit unions, insurance companies while performing services as part of the person’s normal business activities;

(4) A person originating or closing a loan in a person’s normal course of business if, as to that loan:

a. The loan is subject to the requirements of the federal Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617;  or

b. With respect to any second mortgage or home equity line of credit, the loan is subordinate to, and closed simultaneously with, a qualified first mortgage loan under paragraph (4)a. of this section or is initially payable on the face of the note or contract to an entity included in paragraph (3) of this section;

(5) A judgment creditor of the homeowner, if the judgment creditor’s claim accrued before the action to foreclose is filed;

(6) A title insurer authorized to conduct business in this State while performing title insurance services;

(7) A person licensed as a mortgage broker or lender under Title 5 while acting under the authority of that license;

(8) A person licensed as a real estate broker or real estate salesperson under the Delaware Code while engaging in any activity for which the person is licensed;

(9) A nonprofit organization that offers counseling or advice to homeowners in foreclosure or loan default, if the organization is not directly or indirectly related to, and does not contract for services with, for-profit lenders or foreclosure purchasers;

(10) An organization that is licensed to practice debt management services under Chapter 24A of this title while the person engages in any activity for which the organization is licensed;

(11) A public corporation, government or governmental subdivision, agency, or instrumentality; or

(12) A lien hold mortgagee who takes title through the normal state prescribed foreclosure process or through a deed in lieu of foreclosure.

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Cite this article: FindLaw.com - Delaware Code Title 6. Commerce and Trade § 2403B. Exempt agreements and persons - last updated January 01, 2026 | https://codes.findlaw.com/de/title-6-commerce-and-trade/de-code-sect-6-2403b/

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