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.


State Rule

Most common type of foreclosure process


Notice of the foreclosure

If the home is an owner-occupied residential property that is one to four units, the foreclosing party must mail the borrower a 45-day notice of intent to foreclose before starting the foreclosure lawsuit. Borrower has 20 days to respond to lawsuit. Foreclosing party must include a mediation notice with complaint. After court grants a judgment of foreclosure, borrower gets a ten-day notice of sale. Notice of sale must also be posted publicly and published in a newspaper for two weeks prior to sale.

Reinstatement of loan before sale

Not available (except as permitted by the terms of the mortgage)

Redemption after sale

Available until court confirms sale

Special protections for foreclosures involving high-cost mortgages


Special state protections for service members


Deficiency judgments

May be obtained by filing a separate lawsuit after a court has issued a foreclosure judgment

Cash exempted in bankruptcy

$500 if head of family

Notice to leave after house is sold

Eviction of former homeowner may be continued as part of the foreclosure action

Foreclosure statute

Del. Code Ann. tit. 10, Chapter 49, §§ 5061 through 5067

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