Delaware Tax Lien and Deed Information
Delaware State Foreclosure Law dictates that lenders may only avail of the Judicial Foreclosure process to foreclose mortgages in default, unlike in other states where Non-Judicial or “Power of Sale” Foreclosure process is also available. All disputes regarding foreclosure must be done through the courts. The typical time of process last about 90 days and the mortgage is the only security instrument recognized. Both Deficiency Judgments and the Right of Redemption are not practiced in the State of Delaware.
While all matters pertaining to default mortgages or foreclosures are handled by the courts, no single manner of procedure is being observed. The lenders in Delaware are given a variety of options through which they may pursue a Judicial Foreclosure. Among the number of options available, the most commonly used procedure is the Scire Facias. This procedure is very different from other Judicial Foreclosure processes for the burden of proof lies solely on the borrower. Instead of having the lender provide substantive evidence as to why the borrower is in default of the mortgage, the borrower should be able to produce a viable contention that he is not. However, the filing of the suit to obtain an order for foreclosure is still a responsibility that is shouldered by the lender. It should be filed in a court located in the county of the property’s locale. After filing, the court must serve a copy of the notice to the borrower, informing him of the suit filed and the actions required to address the foreclosure proceedings. The borrower must appear in court within 20 days of being served a writ to provide an argument, as well as all the necessary evidences, as to why the foreclosure proceedings should be put to a stop. Failure in the part of the borrower to appear before the court forfeits all further claims and contentions regarding the property. In case of a court appearance, the borrower must make sure that the court will be satisfied with the explanation and evidences provided, otherwise, the court would authorize a foreclosure sale.
After the authorization of a foreclosure sale, a Notice of Sale shall be posted on the property being foreclosed as well as in other public places throughout the county in which it is located, including the courthouse in which the suit was deliberated and acted upon. The foreclosure sale must take place at least 14 days after the notice has been posted. The county sheriff must administer the sale including the manner in which it is to be conducted, usually in the form of a public auction wherein the property is awarded to the person making the highest bid for the property. The sale must be held either at the front of the courthouse or at the grounds of the foreclosed property. This information, including the exact date and time of the foreclosure sale must be clearly identified in the Notice of Sale.
In Delaware, the buyer is given no right of redemption once the court has confirmed the sale.
Delaware Foreclosure Help - Wilmington HUD 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
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