Delaware Foreclosure Help – Stop Foreclosure in Delaware


Finding Foreclosure Help in Delaware

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Wilmington Field Office

One Rodney Square
920 King Street,
Suite 404,
Wilmington, DE 19801

Phone: (302) 573-6300

Fax: (302) 573-6259
TTY: (302) 573-6058

Jurisdiction: State of Delaware

Diane Lello,

Field Office Director

Office Hours: 8:00 AM to 4:30 PM
Monday through Friday

Delaware Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is not available.
  • The primary security instruments are mortgages.
  • The timeline can vary by process, which typically takes 90 days.
  • The borrower has no rights of redemption.
  • The lender may not sue for deficiency judgements.

Judicial Foreclosure
Delaware has many judicial foreclosure processes, but the most commonly used is the Scire Facias procedure.

Instead of the usual judicial process where the lender has to obtain a court order stating that the borrower is in default, the Scire Facias procedure requires the borrower to prove that he is not at default. Once the lender files an order to foreclose, the borrower has 20 days to prove why the foreclosure sale should not be continued. If he is unable to do this, the sale will go on as scheduled.

The public will be notified of the sale by placing a notice of sale on the property to be sold, and other public places at least 14 days before the date of sale. The sale shall be conducted by the sheriff at the property itself or at the county courthouse.

Upon completion of the sale, the borrower loses his rights of redemption.