Delaware Foreclosure Process and Laws


Quick Facts About the Delaware Foreclosure Process

Judicial Foreclosure Available: Yes

Non-Judicial Foreclosure Available: No
Primary Security Instruments: Mortgage
Timeline: Typically 90 days
Right of Redemption: No
Deficiency Judgments Allowed: No

Judicial Foreclosure
There are many options of judicial foreclosure in Delaware, but the most commonly used is the Scire Facias procedure.

This is different from the usual judicial foreclosure process as the borrower has to prove that he isn’t in default, instead of the lender having to prove that he is in default. The lender will first have to file an order for foreclosure, and the borrower will have 20 days to prove why the foreclosure should not be continued. If the proof is not sufficient, hen the foreclosure will continue on as scheduled.

A notice of sale shall be posted in the property and in other public places in the county at least 14 days before the date of sale. This will be overseen by the sheriff at the county courthouse or at the property itself.

Once the sale has been confirmed, the borrower loses the right to redemption.

Foreclosure Avoidance Counseling

HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama’s comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.

If you need help understanding the Making Home Affordable programs, you can use this search tool to find a counseling agency in your area that will provide you with free foreclosure prevention services. If you are eligible for the loan modification or refinance program, the counselor will work with you to compile an intake package for your servicer.

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