The state of Delaware allows lenders to foreclose on any mortgage in default. Delaware does not allow for foreclosures on a deed of trust thus only allowing for judicial foreclosures in this state. The process of foreclosure in Delaware usually takes about 90 days or 3 months.
Scire Facias is the most common method of judicial foreclosure used in the state of Delaware. Usually in a judicial foreclosure proceeding the lender is required to prove that the borrower is in default. In Scire Facias it is the opposite, the borrower has to prove to the court that they are not delinquent but are in fact current. After the lender files the case for foreclosure with the court, a writ to provide evidence is served to the borrower and they must explain their side in court within 20 days. If the borrower is unable to prove that they are current the court will authorize the foreclosure sale.
For a period of at least 14 days before the sale of the property the lender will post a notice on the property itself as well as in other public places in the county where the home is located in. The foreclosure sale auction will be conducted by a sheriff and carried out either at the courthouse or at the property itself.
The foreclosure laws in Delaware do not allow for a Right of Redemption to the borrower. Once the sale is confirmed, the borrower can't get the property back even if they can bring the delinquent mortgage current.
The foreclosure laws in Delaware do not allow for deficiency judgments to be placed against the homeowner.
