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Foreclosure and tax sales in Delaware

What our research shows about Delaware's rules. General information with sources — not legal advice, and not a reading of your papers.

CoreResearched in depth, key rules checked against the official text.Research last reviewed 2026-09-22
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How foreclosure works

Usual process
Judicial (through court)

Filed in Superior Court as a “scire facias sur mortgage” action.

From a reputable summary[1]
Allowed processes
Judicial (through court)
From a reputable summary[1][2]
Main statutes
Del. Code tit. 10, § 5062A; Del. Code tit. 10, § 5062B; Del. Code tit. 10, § 5062C; Del. Code tit. 10, § 4973; Del. Code tit. 10, § 5065
From a reputable summary[1]
Typical length (estimate)
Not researched yet for this state.

The usual timeline

  1. +At least 120 days

    Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind

    Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.

    Checked against the official text12 CFR § 1024.41(f)(1)
  2. +At least 45 days

    Pre-suit notice — at least 45 days before the lawsuit can be filed

    For an owner-occupied 1–4 unit home, the lender must send a notice of intent to foreclose by certified and first-class mail at least 45 days before filing.

    From a reputable summary

  3. Lawsuit filed and you are served with the summons and complaint

    Filed in Superior Court as a “scire facias sur mortgage” action.

    From a reputable summary
  4. +At least 20 days

    Answer due — 20 days after service

    20 days from service (later only if you elected mediation).

    From a reputable summary

  5. Mediation / settlement conference required in your state

    Delaware Residential Mortgage Foreclosure Mediation Program. For an owner-occupied 1–4 family home the lender must file a notice of foreclosure mediation with the complaint. If you elect to mediate, your answer may be filed on or before the mediation date — but file within 20 days unless a lawyer tells you otherwise.

    From a reputable summary

  6. Court judgment of foreclosure (if the lender wins)

    From a reputable summary
  7. +At least 10 days

    Sheriff’s / court sale

    After judgment, the sheriff’s sale is advertised in a local newspaper for two weeks and notice is given to the homeowner at least 10 days before the sale.

    From a reputable summary

  8. Court confirms (ratifies) the sale

    In many states you can still redeem or object until the court confirms the sale.

    From a reputable summary

  9. Redemption window

    No redemption after the sale is confirmed; you may redeem (pay the full debt and costs) any time before the court confirms the sale.

    From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notices and the sale

Notice before foreclosure
At least 45 daysFor an owner-occupied 1–4 unit home, the lender must send a notice of intent to foreclose by certified and first-class mail at least 45 days before filing.

Del. Code tit. 10, § 5062B

From a reputable summary[1]
Notice of sale
At least 10 daysAfter judgment, the sheriff’s sale is advertised in a local newspaper for two weeks and notice is given to the homeowner at least 10 days before the sale.

Del. Code tit. 10, § 4973

From a reputable summary[1]
Publication
Local newspaper for two weeks before the sale.
From a reputable summary[1]
When sales happen
Not researched yet for this state.
Time to answer the lawsuit
20 days

20 days from service (later only if you elected mediation).

From a reputable summary[1]
Court confirms the sale
Yes
From a reputable summary[1]

Your rights before and after the sale

Catching up (reinstatement)
No statutory reinstatement right.
From a reputable summary[2]
Buying the home back (redemption)
LimitedNo redemption after the sale is confirmed; you may redeem (pay the full debt and costs) any time before the court confirms the sale.

Del. Code tit. 10, §§ 5065, 5066

From a reputable summary[1][2]
Owing money after the sale (deficiency)
YesBy separate lawsuit; a grossly inadequate sale price can be raised to set aside the sale or limit the deficiency.

Del. Code tit. 10, § 5002

From a reputable summary[1]
Mediation
RequiredDelaware Residential Mortgage Foreclosure Mediation Program.For an owner-occupied 1–4 family home the lender must file a notice of foreclosure mediation with the complaint. If you elect to mediate, your answer may be filed on or before the mediation date — but file within 20 days unless a lawyer tells you otherwise.

Del. Code tit. 10, § 5062C

From a reputable summary[1]

Property tax sales

Tax sale system
Court-ordered tax sale

“Monition” method: the taxing authority gets a court judgment and the sheriff sells the property at public auction.

From a reputable summary[3]
How it works
The sheriff posts a notice on the property giving 20 days to pay; if not paid, the court issues a writ for a sheriff’s sale.
From a reputable summary[3]
Redeeming after a tax sale
60 days after the court approves the sale, paying the price plus 15% and costs.

Del. Code tit. 9, § 8729

From a reputable summary[3]
Relief programs
Not researched yet for this state.
Payment plans
Not researched yet for this state.
Surplus after a tax sale
Not researched yet for this state.

Bankruptcy exemptions

Federal exemption list
State list only (opted out)

This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.

From a reputable summary[4]
Homestead exemption
$200,000 (bankruptcy only)Up to $200,000, but only in bankruptcy or state insolvency proceedings — not against an ordinary judgment creditor.(Del. Code tit. 10, § 4914(c)(1))
From a reputable summary[5]

Where to get free help

Free legal aid (LSC-funded)
Checked against the official text[7]
Legal help website
Checked against the official text[8]
State housing agency
Checked against the official text[6]
Attorney general / consumer protection
Checked against the official text[9]
Court self-help
Checked against the official text[10]
HUD-approved housing counselors
HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Sources

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.

  1. [1]Nolo — Delaware Foreclosure Laws and Proceduressummary
  2. [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
  3. [3]Nolo — Delaware property tax salessummary
  4. [4]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
  5. [5]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
  6. [6]State of Delaware – Delaware State Housing Authority (official site, checked live)official
  7. [7]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
  8. [8]Delaware Legal Help Link (official site, checked live)official
  9. [9]Consumer Protection Unit - Delaware Department of Justice - State of Delaware (official site, checked live)official
  10. [10]- Delaware Courts - State of Delaware (official site, checked live)official