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Delaware Foreclosure Laws

Judicial Yes
Non-Judicial No
Process Period 170-210 Days
Sale Publication 60-90 Days
Redemption Period None
Sale / NTS Sheriff

Judicial Foreclosure: The foreclosure process begins with the lender filing a complaint in court. The borrower is asked to appear in court and show evidence as to why the foreclosure should not occur. If the borrower does not appear in court, the court can r ule the borrower is in default. Eleven days following the ruling the lender can submit a request for a sale of the property.

Non-Judicial Foreclosure: In the state of Delaware non-judicial foreclosures do not take place.

Sale: The sheriff is in charge of advertising and conducting the sale; the whole process usually takes 2-3 months. The sheriff must post the notice of sale on the property and in a few public locations at least 14 days before the sale date. The notice must include the sale date, location, and time as well as a description and location of the property. Following the sales confirmation the borrower can contest the sale process, but they have no right to redeem the property.

Additional Information on Delaware Foreclosure