Delaware Foreclosure Laws

Attorney General's Office

Carvel State office building
820 N. French St.
Wilmington, DE 19801
Ph: (302) 577-3047
Fax:(302) 577-3090

Foreclosure Laws in Delaware

Judicial Foreclosure: Yes
Non-Judicial Foreclosure: No
Security Instruments: Mortgage
Right of Redemption: No
Deficiency Judgments: Yes
Time Frame: 6-8 Months
Public Notice: Complaint

Judicial foreclosure: In Delaware differs from that in most other states. While the lender files a suit to obtain an order to foreclose, the burden of proof to show that he is not in default is on the borrower, rather than the lender having to prove that he is in default. The borrower must appear in court with 20 days of being served with a notice of intent to foreclose. If the borrower fails to make his case, an order to foreclose will be issued by the court.

The sale is held be the sheriff either at the county courthouse, or at the property itself. The sale must be held not less than 14 days after the notice of sale has been posted at the property and at several other public places throughout the county in which the property is located.

The owner’s right of redemption ends with court conformation of the sale. No suit for any deficiency balance is permitted.

Laws:

• Title 25 Chapter 16. Lis Pendens
  Laws which regulate the lis pendens process.

• Section 1601. Written notice of pendency of action
  Law which regulates where and how a lis pendens is filed.

• Section 1603. Filed notice of pendency
  Effect as to persons claiming interest in real estate identified in notice of pendency

• Section 1605. Mailing of notice of pendency to parties against whom notice is indexed

• Title 10- Chapter 47- 4711. Time limitation of judgment lien; extension of time.
  Law which regulates how long a judgment may continue to be active through the legal process

• Delaware State Codes

**All laws may not pertain to all counties within Delaware, please read each law carefully.