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

Most common type of foreclosure process

Judicial

Time to respond

Homeowner has 20 days to respond to order to show cause, stating why the foreclosure should not proceed. After court grants a judgment of foreclosure, homeowner gets a ten-day notice of sale. Order to show cause must be posted in ten places, served on homeowner by sheriff, and published two weeks prior to sale.

Reinstatement of loan before sale

Not available

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 if head of family

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.

Foreclosure statute

Del. Code Ann. tit. 10, § 5061

by: , J.D.

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