Enter the dates from your foreclosure papers and see how much time you have — and what to do next.
An estimate for planning, not legal advice — timelines can vary by county and case. Confirm every date with your papers, the court, or your attorney. Free help: find a HUD-approved housing counselor.
Delaware uses a judicial (scire facias sur mortgage) foreclosure process. Key dates come from your own papers — enter them above for your exact timeline.
Delaware has no general statutory right to reinstate the loan by paying only the arrears once the lender accelerates. Before acceleration, reinstatement is governed by the mortgage contract (the pre-suit notice of intent to foreclose must include reinstatement information), and a loan workout/reinstatement can be negotiated through the mediation program. After acceleration, stopping the foreclosure requires paying the full outstanding balance. 10 Del. C. §5062B (notice contents); 10 Del. C. §5062C (mediation); LSCD, A Guide to Foreclosure in Delaware
Before the sale: Yes — the homeowner may pay off the full accelerated balance plus costs at any time before the sheriff's sale (equity of redemption). Per Legal Services Corp. of Delaware, redemption by full payment may extend until the Superior Court confirms the sale (confirmation is typically about 30 days after the sale, at a court-set hearing).
After the sale: No statutory right of redemption after the sale is confirmed: the purchaser at a scire facias foreclosure sale takes title 'discharged from all equity of redemption' (10 Del. C. §5066). The sheriff's sale must be confirmed by the Superior Court, and any objections/exceptions to the sale must be raised before confirmation (a court-set date). 10 Del. C. §5066
The homeowner keeps legal title and may sell the home (paying off the mortgage at closing) and keep the equity at any time until the sheriff's sale; lenders will sometimes agree to postpone the sale to allow a private sale. Any surplus sheriff's-sale proceeds after the debt, liens, and costs are payable to the former owner.
Want the fuller picture beyond the dates? Read the Delaware foreclosure guide — timeline, rights & options.
County tax sales are separate from mortgage foreclosure. For monition-method tax sales, the owner may redeem within 60 days from the day the Superior Court approves (confirms) the sale — confirmation is typically about a month after the sale — by paying the purchase price plus 15% plus costs (9 Del. C. §8729). Conservative note: sale methods and procedures vary by county and sale type, so treat 60 days from court approval as the redemption window and confirm the exact dates with the court. 9 Del. C. §§8728-8729
About 5–6 months from the filing of the foreclosure lawsuit to confirmation of the sheriff's sale (per Legal Services Corp. of Delaware), preceded by the required 45-day notice of intent to foreclose for owner-occupied homes — roughly 7–12 months total from serious default to a confirmed sale; mediation can extend this (practitioner estimate). (Practitioner estimate, not a statute.)
If your mortgage predates your military service, the federal SCRA generally requires a court order to foreclose during active duty and for 12 months after (50 U.S.C. §3953). These protections must be raised — tell the court and your counselor.