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Delaware
Foreclosure Posting Requirements
All foreclosures are Judicial. The mortgagee begins the foreclosure process by filing a complaint, with loan documents attached, and a lis pendens with the County Recorder. Service is attempted personally twice before alternative service is allowed. Once service is complete, Default Judgment may be obtained after the expiration of the twenty (20) day answer period. Any defendant may challenge the Complaint and request an evidentiary hearing. Once the Judgment is entered, the mortgagee may request that the Sherriff conduct a sale of the property to satisfy the judgment. The Sherriff is responsible for all notice of the sale, including by publication and posting. Once the sale is conducted, the mortgagor may challenge the process, including notice deficiencies.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as 'any public place within the county in which the property is located.' Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can be conducted at public auction held at the front door of a courthouse of the superior court in the judicial district where the property is located, unless the deed of trust specifically provides that the sale shall be held in a different place.
Foreclosure Timeline
Timeline StepDays for StepTotal Days
Complaint filed11
First Attempt at service2021
Second Attempt at service if necessary2021-41
Constructive Service1021-41
Answer Period2041-71
Entry of Judgment142-72
Request to Sell filed once judgment final1153-83
Notice period for sale14 min.67-97
Sale168-98
Confirmation3098-128

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)
State Statutes
Delaware Foreclosure Statutes