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 |
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