Kent County Foreclosure Resources

Delaware requires judicial foreclosure. The lender files a complaint in the Superior Court and must prove standing and default, and the court supervises the proceeding throughout. Delaware has no non-judicial trustee or power-of-sale path. The foreclosure proceeds by scire facias under 10 Del. C. § 5061, the complaint is served personally on the borrower, and a lis pendens is filed. The sale that follows judgment is a sheriff's sale, not a trustee's sale.

No. Delaware has abolished any statutory right of redemption after a judicial foreclosure sale. Once the sheriff's sale occurs and is confirmed by the court, title vests in the purchaser permanently, and there is no post-sale window in which to reclaim the property by paying the debt. That makes pre-sale action critical: defenses, mediation, a workout or another resolution must be pursued before the sale, not after. Delaware's mediation program is specifically designed to place that opportunity ahead of the point at which the case proceeds toward sale.

Delaware operates a Residential Mortgage Foreclosure Mediation Program through the Superior Court, and it is available for owner-occupied residential properties. Its defining feature is timing: mediation is conducted before judgment can be entered, so it operates ahead of the sale stage rather than after it. That matters more in Delaware than in states with a post-sale redemption period, because Delaware has abolished post-sale redemption — meaning the pre-judgment window is part of the homeowner's principal opportunity to reach a modification, forbearance or other resolution. The specific scheduling and eligibility details should be confirmed with the Superior Court handling the case.

The sale is a sheriff's sale conducted after the court enters a judgment of foreclosure, according to strict statutory procedures, and notice of the sale must be published and posted. The sheriff's sale is the sale authority in Delaware — not a trustee acting under a private power of sale, and not a special master. The sale is subject to confirmation by the court, and title vests in the purchaser once it is confirmed. Because the sale follows the judgment, everything contesting the foreclosure has to be raised in the case itself, before judgment is entered and the sale scheduled.

Delaware permits a lender to pursue a deficiency, but the amount is not measured by the sheriff's sale price. The court holds a fair value hearing and determines the fair market value of the property, and the deficiency is limited to the debt minus that fair value rather than to the difference between the debt and what the property actually sold for. That distinction matters because a sheriff's sale can bring less than the property is worth: the fair value determination is what prevents the gap between a depressed sale result and true market value from falling entirely on the homeowner. Because the court makes the valuation determination, the point at which to put forward evidence of fair market value is within the foreclosure proceeding itself.

Treat the case as your opportunity, because Delaware has no post-sale redemption. Delaware foreclosures proceed by scire facias in the Superior Court and the complaint is served personally on the borrower, so you have actual notice and a defined role in the case from the outset. Preserve every document you have — the note, the mortgage, payment records, correspondence with the servicer and any loss-mitigation application — and confirm the schedule and eligibility for the Residential Mortgage Foreclosure Mediation Program with the court handling the case, since mediation operates before judgment is entered. If you have submitted a complete loss-mitigation application, say so early and in writing, because federal servicing rules restrict how a servicer may proceed while a complete application is under review.

Because Delaware requires the lender to prove its case in the Superior Court, the elements the lender must establish are open to contest: whether the plaintiff actually holds the note and can prove the chain of assignments, whether a default existed and the amount claimed as due is correct, and whether the scire facias proceeding and personal service were properly effected. Delaware's process is judicial from filing through judgment and the sale is subject to confirmation by the court, so there is a real record to contest — which is precisely what a non-judicial trustee sale withholds. Because post-sale redemption has been abolished, those challenges must be raised in the case itself rather than after the sale.

The foreclosure is filed in the Delaware Superior Court, which supervises the proceeding from the complaint through judgment and through the confirmation of the sheriff's sale. The lender proceeds by scire facias, the complaint is served personally on the borrower, and a lis pendens is filed on the land records. The court enters the judgment of foreclosure, the mediation program operates before that judgment, the sheriff conducts the sale after it on published and posted notice, and the court confirms the sale. Recording of mortgages and instruments affecting the property is handled by the Recorder of Deeds for the county where the property sits, and the court file is the authoritative record of what has and has not happened in the case.