Stop Foreclosure Delaware
Did you know there are several programs that can help save your Delaware home and stop the impending foreclosure? Loss Mitigation Agencies, such as ours, are experts in these programs and have assisted thousands of homeowners by providing straight answers and viable solutions.
Sometimes things beyond your control can put you into a financial bind that makes it hard to keep up with your mortgage payments. Don't let a missed mortgage payments in Delaware DE turn into default, mortgage foreclosure or eviction.
You and your family can rely upon us to provide guidance, comfort and assurance through this current situation. Let us reduce your stress and put you at ease.
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Delaware DE Foreclosure Laws
Lenders in the state of Delaware may foreclose on mortgages in default by using a judicial foreclosure process.
Judicial Foreclosure
A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property. In Delaware, lenders are provided a variety of options in which they may pursue judicial foreclosure. The most common is Scire Facias (judicial writ).
Unlike judicial proceedings in other states that require the lender to prove that the borrower is in default of the mortgage, Delaware requires that the borrower prove they are not in default.
Typically, the lender files a motion with the court that the borrower is in default. The borrower must then appear in court within twenty (20) days of being served with the judicial writ to provide proof that they are up to date on their payments and that foreclosure proceedings should not occur. If the court is not satisfied with the borrower’s evidence, a foreclosure sale is ordered by the court.
The foreclosure sale is conducted by the sheriff and held either at the courthouse or the property at least fourteen (14) days after the notice of sale is posted. The notice is posted on the property itself and in other public places throughout the county where the property is located.
Once the court has confirmed the sale, the buyer no longer has any rights of redemption available.
Legal Information Is Not The Same as Legal Advice
This site provides information about Delaware state foreclosure law designed to help users safely cope with their own legal needs and possible find alternatives. Everyone's legal status is different. The laws of every state are in constant change and we recommend you consult a lawyer.