State Foreclosure Laws       [Select a Different State]

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Summary:

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.

Links:

• Title 25 Chapter 16. Lis Pendens
  Laws which regulate the lis pendens process.
  
  
• 1601. Written notice of pendency of action
  Law which regulates where and how a lis pendens is filed.
  
  
• 1603. Filed notice of pendency
  Effect as to persons claiming interest in real estate identified in notice of pendency
  
  
• 1605. Mailing of notice of pendency to parties against whom notice is indexed
  
  
• 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
  
  
• 5719. Appeals
  Law which regulates which judgments and orders may be appealed after given a final decision.
  
  
• Delaware State Codes

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