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Delaware Foreclosure Laws

Summary:

Judicial Foreclosure	Yes
Non-Judicial Foreclosure	No
Security Instruments	Mortgage
Right of Redemption	No
Deficiency Judgments	No
Time Frame	Usually 90 days

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.

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

This information is to give a general idea of the foreclosure laws in each state. The information is not guaranteed to be correct. State laws can change or some errors may have been made. Please use this only as a guide.