Summary of Delaware's Foreclosure Laws

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If you are facing foreclosure in Delaware, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Delaware
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Delaware foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic State Rule
Common type of foreclosure process Judicial
Time to respond Homeowner has 20 days to respond to Order to Show Cause why the foreclosure should not proceed. After court grants a judgment of foreclosure, homeowner gets a 10-day notice of sale.
Reinstatement of loan before sale None
Redemption after sale Available until court confirms sale
Special protections for foreclosures involving high-cost mortgages None
Special state protections for service members None
Deficiency judgments May be obtained by filing a separate lawsuit after a court has issued a foreclosure judgment
Cash exempted in bankruptcy $500 for one person, $1,000 for a married couple
Notice to leave after house is sold Five days after sale, new owner can file a summary eviction lawsuit. Former owner has five to 30 days before a hearing on the complaint is held. If former owner loses at the hearing or doesn’t appear, court will order the sheriff to remove former owner. 
 Del. Code Ann. Tit. 25, Ch 5702-5718
Foreclosure statute Del. Code Ann. tit. 10, § 5061

by: , J.D.

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