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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.

  • 10 Del. C. § 5061
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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.

  • 10 Del. C. § 5062C

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.

  • 10 Del. C. § 5062C
Sources for this section (3)
  1. 10 Del. C. § 5061 — Occasion for suing out writ; parties and notice
  2. 10 Del. C. § 5062C — Residential Mortgage Foreclosure Mediation Program
  3. 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.

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