Delaware Foreclosure Law

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Delaware Foreclosure Laws

Typical Delaware Foreclosure Time Frame – Typically the time length is approximately 90 days. 

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – No

Types of Security Instruments – Mortgage

Right of Redemption Period – No

Delaware foreclosure laws provide means for a judicial foreclosure, however a non-judicial foreclosure is not allowed under the state laws.  In addition, there is no Right of Redemption period, and there is also no right for the lender to obtain a deficiency judgment.

Delaware foreclosure laws do vary from most other states.  The main difference is the burden is on the borrower to prove they are not in default, rather than the lender to prove there is a default.  The lender is required to file a Notice of Intent to Foreclose with the courts and the borrower must appear in court within 20 days of being served with the notice to address the court with proof the mortgage is not in default.

According to Delaware foreclosure law, if the borrower is unable to satisfy the courts an Order to Foreclose is issued to the lender and the property is sold by the county sheriff at either the county courthouse or the property being foreclosed itself.  The sale is required to take place no sooner than 14 days after a notice of sale has been posted on the property and numerous other public places in the county in which the property is located.

For more information on Delaware foreclosure laws click here.


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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.