- 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
In Delaware, lenders may foreclose on a mortgage
in default by using the judicial foreclosure process.
Judicial Foreclosure
Lenders in Delaware are given a number of options
in which they may pursue judicial foreclosure, but the most commonly
used procedure is the Scire Facias.
This proceeding is quite different from other
judicial foreclosures because instead of the lender having to prove
the borrower is in default of the mortgage, the borrower has to
prove he isn't. Although the suit to obtain an order for foreclosure
is filed by the lender, the borrower must appear in court within
twenty (20) days of being served a writ to provide evidence as to
why the foreclosure should not take place. Unless the court is
satisfied with the borrowers explanation and evidence, they will
authorize a foreclosure sale.
Said sale must be conducted by the sheriff and
held either at the courthouse or at the property itself at least
fourteen (14) days after the notice of sale is posted on the
property and in other public places throughout the county in which
it is located.
The buyer has no right of redemption once the
court has confirmed the sale.
More information on Delaware foreclosure laws.
