Delaware foreclosure process: mediation, sheriff sale and how long it takes

The Delaware foreclosure timeline, stage by stage

These are minimums. Rescheduled mediation, more than one conference, a pending loss mitigation review or a contested case all add time. If a complete loss mitigation application reaches your servicer more than 37 days before a sale, federal rules generally bar it from moving for judgment or holding the sale while it reviews the application (12 CFR 1024.41(g)).

What is a scire facias foreclosure in Delaware?

Delaware is a judicial foreclosure state. The lender files a writ of scire facias sur mortgage in the Superior Court of the county where the property is. The writ tells the sheriff to notify the homeowner to appear and "show cause, if there is any, why the mortgaged premises ought not to be seized and taken in execution" (10 Del. C. § 5061).

Before that, the lender has to send a notice of intent to foreclose for an owner-occupied 1–4 family home, by certified mail and first-class mail. The suit can't be filed until 45 days after the notice is sent (10 Del. C. § 5062B). The notice must include:

• the amount needed to cure the default and reinstate the loan, with a phone number for reinstatement instructions;
• a list of HUD-certified housing counselors;
• the Delaware Attorney General's foreclosure hotline and the Delaware State Housing Authority's contact information;
• an accounting of payments for the 12 months before the default.

The lender must also file an affidavit that you had the chance to apply for loss mitigation before any judgment can be entered on an owner-occupied 1–4 family home (10 Del. C. § 5062A).

How does Delaware's automatic foreclosure mediation program work?

Delaware's Automatic Residential Mortgage Foreclosure Mediation Program applies to owner-occupied 1–4 family primary residences, with a narrow exception for some seller-financed loans (10 Del. C. § 5062C). You don't have to apply for a conference; the court schedules one. The Department of Justice says "free help is available through this program" (Delaware DOJ).

How it works, step by step:

1. The complaint arrives with a mediation notice attached to the front.
2. Within 30 days, meet a HUD-approved housing counselor and file a Certificate of Participation. If you skip it, you can still attend, but the statute warns mediation is less likely to succeed.
3. At least 14 days before the conference, send the lender a financial proposal worksheet. The lender must send you a checklist of documents to bring at least 7 days before.
4. The conference is held 45 to 75 days after the mediation notice was served. You must appear in person. The lender must attend too, or send its attorney with a decision-maker reachable by phone.

Options on the table include bringing the loan current, a repayment plan, a loan modification, paying off the mortgage, a deed in lieu of foreclosure, or agreeing to move out in exchange for a payment. The lender pays the mediation fee once you file your Certificate of Participation.

One warning from the statute: mediation does not suspend your obligation to respond to the complaint. An answer filed on or before the date of the scheduled conference is not treated as late (10 Del. C. § 5062D(c)).

When can the court enter a foreclosure judgment?

Not until the day after the scheduled mediation conference (10 Del. C. § 5062C(n)). If the parties agree to another conference, or the lender fails to appear, the date moves again.

After mediation, the case goes forward if no agreement is reached. If the homeowner fails to appear on the return day of the writ, the court can enter a default judgment and award a writ of levari facias, which directs the sheriff to sell the property (10 Del. C. § 5063).

How do the sheriff sale and confirmation work?

Delaware law requires public notice before the sale (10 Del. C. § 4973):

• posted advertisements in public places in the county, at least 10 days before the sale;
• a copy delivered to the homeowner, or left at their home, at least 10 days before;
• newspaper advertising for 2 weeks before the sale.

The sale is not final on auction day. The Superior Court has to confirm it, and only then does the sheriff deliver a deed to the buyer (10 Del. C. § 4976). Once the sale is confirmed and conveyed, the buyer holds the property "discharged from all equity or redemption" (10 Del. C. § 5066). In plain terms, there is no right to buy the house back afterward.

If the sale brings in more than the mortgage debt, interest and costs, the surplus "shall be rendered to the owner of the premises at the time of sale" (10 Del. C. § 5067).

Can I sell my house before the sheriff sale in Delaware?

Usually, yes. You still own the house before the sheriff sale, so the practical deadline is closing before the auction date. The mediation statute lists "paying off the mortgage" as one of the options, and a sale is one way to do that. Any equity left after the payoff and closing costs is yours.

• Request a payoff statement in writing. Servicers generally must send one within 7 business days, though the rule allows a longer "reasonable time" in some cases, including loans in foreclosure (12 CFR 1026.36(c)(3)).
• Share your dates (mediation conference and any sale date) with the buyer so the closing comes first.
• Plan for transfer tax. Delaware's realty transfer tax is "apportioned equally between grantor and grantee" (30 Del. C. § 5402). Our transfer tax guide shows the rates.
• Close through a licensed title company. Never sign a deed over to anyone before closing.

If you are weighing options anywhere in Delaware, we can give you a written cash offer to compare with mediation results and other choices. You are under no obligation to take it.

Where can I get free foreclosure help in Delaware?

• Delaware Department of Justice, Office of Foreclosure Prevention: hotline (800) 220-5424. The office contacts servicers for homeowners and investigates scam complaints (Delaware DOJ). Mediation questions can also go to mortgage.mediation@delaware.gov (Delaware DOJ).
• Delaware State Housing Authority: (302) 739-4263 or toll-free (888) 363-8808. When we checked in October 2026, DSHA's page listed its emergency mortgage assistance program (DEMAP) as not accepting applications (DSHA).
• HUD-approved housing counselors: free, and required for the mediation certificate. Find one with the HUD counselor locator.

Be wary of anyone who charges upfront fees to "save" your home. Delaware requires the notice of intent itself to warn homeowners to be careful about such promises.

Frequently asked questions

Sources

1. Consumer Financial Protection Bureau, Regulation X § 1024.41, loss mitigation procedures
2. Delaware Code, Title 10, Chapter 49, Subchapter XI, Scire Facias on Mortgage (§§ 5061, 5062A, 5062B, 5062C, 5062D, 5063, 5065, 5066, 5067)
3. Delaware Code, Title 10, Chapter 49, Subchapter V, Sale Under Execution (§§ 4973, 4976)
4. Delaware Department of Justice, Automatic Residential Mortgage Foreclosure Mediation Program and Office of Foreclosure Prevention
5. Delaware State Housing Authority, Foreclosure prevention
6. Delaware Code, Title 30, § 5402, realty transfer tax
7. Consumer Financial Protection Bureau, Regulation Z § 1026.36 (payoff statements)
8. U.S. Department of Housing and Urban Development, Find a housing counselor

This is general information, not legal or tax advice. Foreclosure rules and court procedures change. For advice on your situation, contact a Delaware attorney or a HUD-approved housing counselor.