A Foreclosure
10 Del. C. § 5062C — a court case in Superior Court, and automatic mediation before any judgment on a home
A Delaware foreclosure is a lawsuit: after a default, the lender files in the Superior Court of the county where the property is, and the owner and others with an interest are made parties.
Automatic mediation. For an owner occupied home of 1 to 4 units, the complaint comes with a notice of the Residential Mortgage Foreclosure Mediation Program. A mediation conference is scheduled, and the lender may not seek judgment until after the date set for it.
In the same cases, the homeowner must have a chance to apply for any federal loss mitigation program they may qualify for, and the lender files an affidavit about it.
Taking part in mediation requires meeting with a HUD approved housing counselor. A particular case is a question for a licensed Delaware attorney or a housing counselor.
Sources for this section (3)
- 10 Del. C. § 5061 — Occasion for suing out writ; parties and notice
- 10 Del. C. § 5062C — Residential Mortgage Foreclosure Mediation Program
- 10 Del. C. § 5062A — Loss mitigation affidavit required
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.