Delaware
Title 10, Delaware Code § 5061. Judicial foreclosure state.
Judicial Type
Judicial
Redemption
No statutory right of redemption after judicial foreclosure
Deficiency
Lender may pursue deficiency. Fair value hearing: court dete
Mediation
Delaware's Residential Mortgage Foreclosure Mediation Progra
Statute Citation
10 Del. C. §§ 5061-5067
Redemption Period
No statutory right of redemption after judicial foreclosure sale (Delaware has abolished post-sale redemption).
Deficiency Judgment Rule
Lender may pursue deficiency. Fair value hearing: court determines fair market value; deficiency limited to debt minus fair value (not foreclosure sale price).
Notice Requirements
Foreclosure complaint served personally on borrower. Lis pendens filed. Sale by sheriff after judgment: notice published and posted. Sheriff's sale must be conducted according to strict procedures.
Mediation Program
Delaware's Residential Mortgage Foreclosure Mediation Program (Superior Court): available for owner-occupied residential properties. Mandatory mediation before judgment can be entered.
Key Provisions
- Judicial foreclosure required — court supervision throughout
- Delaware has a mandatory foreclosure mediation program (since 2011)
- Fair value hearing limits deficiency to difference between debt and fair market value
- No post-sale redemption — borrower must act before the sale
- Proof of standing and default required
Homeowner Protections
- Mandatory mediation program with Delaware Superior Court mediators
- Fair value limitation on deficiency judgments
- Judicial process ensures court oversight of foreclosure
- Personal service ensures borrower has actual notice
- Mediation encourages loss mitigation and workout agreements
Frequently Asked Questions
Can I get my home back after a Delaware sheriff's sale?+
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