In Delaware the sheriff sells, then the court has to confirm it.
A lender must sue in the Superior Court by a writ of scire facias. If you live in the home you first get a 45-day notice of intent to foreclose, and once you are sued the court schedules a mediation conference, with the mediation fee owed by the lender, before any judgment. After judgment the sheriff advertises for two weeks and sells, the court confirms the sale on its monthly calendar, and the buyer takes a deed with no redemption after it that we found. Tax sales are different: 60 days to redeem after the court approves.
Not sure what date to put in? Tell us which paper you were sent and we will work the timeline out backwards from it.
Each is a different statute.
When you first fell behind.
Local pace is the variable.
Past steps fade out.
FHA and VA add steps.
A tenant gets 90 days under federal law.
Five dates decide a Delaware case. The notice of intent, which must go out 45 days before the lender can file. Twenty days after you are served, the deadline to answer. The mediation conference, 45 to 75 days after the mediation notice, before which no judgment can be entered. The sheriff’s sale, at least two weeks after the first newspaper notice. And the court’s confirmation, the first Friday after objections close, which is the real end.
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Make the call.
Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.
“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.
Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.
Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.
Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.
What Delaware gives you
Rights that exist because the property is in Delaware, whatever a servicer tells you on the phone.
Where to get real help, free
Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.
HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.
Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.
Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Delaware foreclosure attorney confirm anything that matters before you act.
Questions people ask about Delaware foreclosure
Short answers, each one sourced to the statute cited on this page.
How long does foreclosure take in Delaware?
With no delays or disputes, a Delaware foreclosure runs roughly 243 days from the first missed payment to the sheriff sale. The lender must first mail a notice of intent to foreclose and wait 45 days, and after judgment the sale is posted at least 10 days ahead and advertised in two newspapers for two weeks. 10 Del. C. 5062B and 4973.
How long do I have to answer a Delaware foreclosure lawsuit?
You have 20 days after service of the writ and complaint to serve an answer. In a case in the mediation program an answer is not untimely if it is filed by the date of a scheduled mediation conference. Super. Ct. Civ. R. 12(a) and 10 Del. C. 5062D.
Does Delaware have foreclosure mediation?
Yes. For an owner-occupied one to four family primary residence the lender must serve a mediation notice with the complaint, and you have 30 days to return the Certificate of Participation. The conference is set 45 to 75 days after that notice. 10 Del. C. 5062C.
Can I get my house back after a Delaware sheriff sale?
No. Once the court confirms the sale the buyer holds the home discharged from all equity of redemption, and we found no Delaware statute that lets you buy it back. Before the sheriff sale, paying the judgment, interest and costs ends the case. 10 Del. C. 5066.
How long do I have to redeem after a Delaware tax sale?
After a monition sale in any county you have 60 days from the day the court approves the sale to redeem by paying the buyer the price plus 15 percent and costs. In Kent and Sussex the county may instead sell under 9 Del. C. 8771 to 8776, where you have one year to redeem at 20 percent interest. Ask your county which method it is using. 9 Del. C. 8729 and 8776.
Last verified: October 18, 2026. Every deadline and citation on this page was checked against Delaware law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.