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 free mediation conference 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.
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?
A typical 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 and advertised for at least 10 days. 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 you are discharged from all equity of redemption. Until confirmation you can still pay the judgment in full. 10 Del. C. 5066.
How long do I have to redeem after a Delaware tax sale?
In New Castle County you have 60 days from the day the court approves the sale, paying the sale price plus 15 percent. In Kent and Sussex you have one year with 20 percent interest. 9 Del. C. 8729 and 8776.