How to Stop a Foreclosure in Delaware
Reviewed by DocDraft Legal Team · Delaware · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means resolving the default before the sheriff's sale is confirmed. Delaware is a judicial-only state: foreclosure proceeds by a writ of scire facias sur mortgage in the Superior Court, a court action the lender files after a default (10 Del. C. § 5061). For owner-occupied one-to-four-family residential property, the lender may not file the foreclosure action until 45 days after sending a notice of intent to foreclose, which must state the nature of the default and the amount required to cure and reinstate the loan (10 Del. C. § 5062B). There is no statutory post-sale right of redemption; once the sheriff's sale is confirmed, the purchaser holds the property discharged from all equity of redemption (10 Del. C. § 5066). Delaware's scire facias statutes do not themselves address a deficiency after sale, so a shortfall is not defined by that foreclosure scheme.
Find out where you stand in Delaware
Where are you in the foreclosure process?
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How do I stop a foreclosure in Delaware?
Delaware foreclosures are judicial, filed by a writ of scire facias sur mortgage in the Superior Court (10 Del. C. § 5061). You stop one by curing the default and reinstating the loan under the 45-day notice of intent to foreclose (10 Del. C. § 5062B), negotiating loss mitigation, or responding to the court action by the deadline.
What is the foreclosure timeline in Delaware?
For owner-occupied one-to-four-family property, the lender may not file the foreclosure action until 45 days after sending a notice of intent to foreclose (10 Del. C. § 5062B). After the scire facias suit is filed and judgment entered, the property is sold at a sheriff's sale, which the court must then confirm before title passes.
Can I reinstate my mortgage to stop foreclosure in Delaware?
Yes. The 45-day notice of intent to foreclose must state the amount required to cure the default and reinstate the loan, including past-due payments, penalties, and fees (10 Del. C. § 5062B). Paying that amount before the action is filed reinstates the loan. Delaware's subchapter sets no separate reinstatement-until-sale window beyond this notice.
Can the lender pursue me for the balance after foreclosure in Delaware?
Delaware's scire facias sur mortgage statutes (10 Del. C. §§ 5061 to 5067) do not address a deficiency after the sheriff's sale. The action is in rem against the property, and no provision in that scheme expressly allows or bars a personal deficiency, so a shortfall is not governed by the foreclosure statute itself.
Delaware foreclosure law at a glance
Delaware is a judicial-only foreclosure state that uses a distinctive procedure: a writ of scire facias sur mortgage filed in the Superior Court after a default (10 Del. C. § 5061). Rather than a general complaint, the lender sues out this writ, and the borrower may show cause why the mortgage should not be enforced. For owner-occupied one-to-four-family residential property, the lender may not file the action until 45 days after sending a notice of intent to foreclose that states the default and the amount to cure and reinstate the loan (10 Del. C. § 5062B). There is no statutory post-sale redemption; once the sheriff's sale is confirmed, the purchaser holds the property discharged from all equity of redemption (10 Del. C. § 5066). Delaware's scire facias statutes do not themselves address a deficiency after sale, so a shortfall is not defined by that foreclosure scheme.
Curing a Delaware mortgage before the scire facias suit
Suppose you fall behind on your owner-occupied Delaware mortgage. Before filing, the lender must send a notice of intent to foreclose stating the default and the exact amount required to cure and reinstate the loan, and it may not file the scire facias sur mortgage action until 45 days after that notice (10 Del. C. § 5062B). During those 45 days you can pay the cure amount to reinstate, apply for a loan modification, or work with a HUD-approved counselor. If the action is filed, you respond in the Superior Court by the deadline (10 Del. C. § 5061), and a judgment leads to a sheriff's sale that the court must confirm. Because there is no post-sale redemption once the sale is confirmed (10 Del. C. § 5066), acting during the 45-day window and the court case is essential. Attorney review of your response or reinstatement paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Delaware homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Delaware State Housing Authority
State housing finance agency offering homeownership and foreclosure-prevention resources for Delaware homeowners facing hardship or delinquency.
Delaware Courts Self-Help
Official self-help resources of the Delaware courts, useful for responding to a scire facias sur mortgage action in the Superior Court.
Community Legal Aid Society, Inc.
Nonprofit providing free civil legal aid to income-qualified Delaware residents, including housing and foreclosure matters.
Relevant Laws
10 Del. C. § 5061 (Scire facias sur mortgage)
Provides Delaware's judicial foreclosure procedure: on breach of a mortgage by nonpayment or nonperformance, the mortgagee may sue out a writ of scire facias in the Superior Court to enforce the mortgage.
10 Del. C. § 5062B (Notice of intent to foreclose; 45 days)
For owner-occupied one-to-four-family residential property, bars filing a foreclosure action until 45 days after a notice of intent to foreclose is sent, which must state the default and the amount to cure and reinstate the loan.
10 Del. C. § 5066 (Purchaser's title; no equity of redemption)
Provides that upon a confirmed sheriff's sale the purchaser holds the property discharged from all equity of redemption and other encumbrances made by the mortgagor, leaving no post-sale redemption right.
Regional Variances
Delaware foreclosure rules vs national norms
Process type
Judicial only, by a distinctive writ of scire facias sur mortgage in the Superior Court (10 Del. C. § 5061). There is no non-judicial power-of-sale process, so every foreclosure is a court action.
Notice timeline
For owner-occupied one-to-four-family property, the lender may not file until 45 days after sending a notice of intent to foreclose stating the default and the cure-and-reinstate amount (10 Del. C. § 5062B).
Reinstatement right
Tied to the 45-day notice. The notice of intent to foreclose states the amount to cure and reinstate; paying it before the action is filed reinstates the loan (10 Del. C. § 5062B). No separate reinstatement-until-sale window is set in the subchapter.
Redemption after sale
None. Once the sheriff's sale is confirmed, the purchaser holds the property discharged from all equity of redemption (10 Del. C. § 5066); the borrower's interest ends with confirmation.
Deficiency judgment
Not addressed by the scire facias statutes (10 Del. C. §§ 5061 to 5067). The in rem action does not codify a deficiency, and no provision expressly allows or bars one, so a shortfall is not defined by the foreclosure scheme itself.
The scire facias sur mortgage action in Delaware
How the writ works
Instead of a general foreclosure complaint, the lender sues out a writ of scire facias sur mortgage in the Superior Court after a default (10 Del. C. § 5061). The borrower is called to show cause why the mortgage should not be enforced, and a judgment leads to a sheriff's sale.
After judgment and sale
Following judgment, the property is sold at a sheriff's sale that the court must confirm. Upon confirmation the purchaser takes title discharged from all equity of redemption (10 Del. C. § 5066). A borrower who wants to keep the home must act before confirmation, as there is no post-sale redemption.
Suggested Compliance Checklist
Understand that Delaware foreclosure is judicial by scire facias
As soon as you fall behind or receive any notice days after startingDelaware foreclosures proceed by a writ of scire facias sur mortgage in the Superior Court (10 Del. C. § 5061). There is no non-judicial power-of-sale process. Knowing this tells you to expect a court action and to respond within the court's deadlines rather than watch for a trustee's sale.
Read the notice of intent to foreclose and calendar the 45-day period
Immediately upon receiving the notice of intent to foreclose days after startingFor owner-occupied one-to-four-family property, the lender may not file the action until 45 days after sending the notice, which states the default and the amount to cure and reinstate (10 Del. C. § 5062B). Note the notice date and use the 45 days to cure or negotiate before suit.
Contact your servicer and apply for loss mitigation or a loan modification
As early as possible, during the 45-day period or the case days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can stop the foreclosure. Attorney review of your loss-mitigation package is available through DocDraft.
Pay the cure-and-reinstate amount before the action is filed
Within the 45-day notice period days after startingThe notice of intent to foreclose states the amount to cure the default and reinstate the loan (10 Del. C. § 5062B). Confirm the exact figure with the servicer in writing and pay it before the scire facias action is filed to reinstate the loan and avoid the court case.
Respond in writing to the scire facias action
By the deadline stated in the court papers days after startingOnce the writ of scire facias sur mortgage is filed, you must respond in the Superior Court by the deadline or risk a default judgment (10 Del. C. § 5061). Showing cause preserves your defenses. Attorney review of your response is available through DocDraft.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Delaware homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the case advances.
Act before the sheriff's sale is confirmed
Before the court confirms the sheriff's sale days after startingDelaware has no post-sale redemption; once the sheriff's sale is confirmed, the purchaser takes title discharged from all equity of redemption (10 Del. C. § 5066). Track the sale and confirmation dates, because any move to keep the home must happen before confirmation.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the notice of intent to foreclose, the court papers, cure figures, and all servicer correspondence, with dates. These records fix your deadlines under 10 Del. C. § 5062B and document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Understand that Delaware foreclosure is judicial by scire facias | Delaware foreclosures proceed by a writ of scire facias sur mortgage in the Superior Court (10 Del. C. § 5061). There is no non-judicial power-of-sale process. Knowing this tells you to expect a court action and to respond within the court's deadlines rather than watch for a trustee's sale. | - | As soon as you fall behind or receive any notice |
| Read the notice of intent to foreclose and calendar the 45-day period | For owner-occupied one-to-four-family property, the lender may not file the action until 45 days after sending the notice, which states the default and the amount to cure and reinstate (10 Del. C. § 5062B). Note the notice date and use the 45 days to cure or negotiate before suit. | - | Immediately upon receiving the notice of intent to foreclose |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can stop the foreclosure. Attorney review of your loss-mitigation package is available through DocDraft. | - | As early as possible, during the 45-day period or the case |
| Pay the cure-and-reinstate amount before the action is filed | The notice of intent to foreclose states the amount to cure the default and reinstate the loan (10 Del. C. § 5062B). Confirm the exact figure with the servicer in writing and pay it before the scire facias action is filed to reinstate the loan and avoid the court case. | - | Within the 45-day notice period |
| Respond in writing to the scire facias action | Once the writ of scire facias sur mortgage is filed, you must respond in the Superior Court by the deadline or risk a default judgment (10 Del. C. § 5061). Showing cause preserves your defenses. Attorney review of your response is available through DocDraft. | - | By the deadline stated in the court papers |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Delaware homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the case advances. | - | As early as possible in the process |
| Act before the sheriff's sale is confirmed | Delaware has no post-sale redemption; once the sheriff's sale is confirmed, the purchaser takes title discharged from all equity of redemption (10 Del. C. § 5066). Track the sale and confirmation dates, because any move to keep the home must happen before confirmation. | - | Before the court confirms the sheriff's sale |
| Keep written records of every notice, payment, and communication | Save the notice of intent to foreclose, the court papers, cure figures, and all servicer correspondence, with dates. These records fix your deadlines under 10 Del. C. § 5062B and document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind. In Delaware, foreclosure is judicial: the lender files a writ of scire facias sur mortgage in the Superior Court, and after judgment the property is sold at a sheriff's sale that the court must confirm (10 Del. C. § 5061).
Delaware allows only judicial foreclosure; there is no non-judicial power-of-sale process. The court action takes the specific form of a writ of scire facias sur mortgage in the Superior Court (10 Del. C. § 5061), in which the borrower may show cause why the mortgage should not be enforced before a sheriff's sale occurs.
For owner-occupied one-to-four-family residential property, the lender may not file the foreclosure action until 45 days after sending a notice of intent to foreclose (10 Del. C. § 5062B). That notice must state the nature of the default and the amount required to cure and reinstate the loan, giving you a defined window to respond.
Yes, tied to the notice of intent to foreclose. Under 10 Del. C. § 5062B, that notice must state the amount required to cure the default and reinstate the loan, including past-due payments, penalties, and fees. Paying that amount before the action is filed reinstates the loan; the subchapter sets no separate reinstatement-until-sale window.
No. Delaware provides no statutory post-sale right of redemption. Under 10 Del. C. § 5066, once the sheriff's sale is confirmed, the purchaser holds the property discharged from all equity of redemption and other encumbrances made by the mortgagor. Because there is no redemption, acting before the sale is confirmed is essential.
Delaware's scire facias sur mortgage statutes (10 Del. C. §§ 5061 to 5067) do not address a deficiency after the sale. That in rem action does not itself codify a deficiency, and no provision in the scheme expressly allows or bars one, so any shortfall is not defined by the foreclosure statute.
After the writ of scire facias sur mortgage is filed, you may respond in the Superior Court and show cause why the mortgage should not be enforced (10 Del. C. § 5061). If judgment is entered for the lender, the property is sold at a sheriff's sale, which the court must confirm before title passes to the purchaser.
Delaware homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. The Delaware State Housing Authority offers foreclosure-prevention resources, and the Community Legal Aid Society helps income-qualified residents. Acting during the 45-day notice period gives you the most options.
Other Delaware guides
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