Delaware Foreclosure Law

In Delaware, a lender can foreclose on a mortgage in default, but not on a deed of trust. Foreclosures are also limited to the judicial process. This means that a lender can only foreclose by going to court and obtaining a court order. The process takes an average of 90 days.

Scire Facias

Scire Facias is the most common method used in Delaware judicial foreclosures. In this process, instead of the lender proving that the mortgage is in default, the borrower has to prove otherwise. After the lender files the case, a writ to provide evidence is served and the borrower must explain his side in court within 20 days. If he or she cannot give a satisfactory response, the court will authorize the foreclosure sale.

At least 14 days before the sale date, a notice will be posted on the property itself, as well as other public places in the county where it is located. The sale will be conducted by a sheriff and carried out either at the courthouse or the property itself.

Delaware foreclosure law does not give a right of redemption to the borrower. Once the sale is confirmed, the borrower cannot redeem the property even if they can bring the mortgage current. Deficiency judgments are also not allowed, so lenders cannot make additional claims if the foreclosure doesn’t cover the entire amount owed.

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