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Can the lender come after you for the rest? Deficiency judgments in Delaware

Delaware has no law that bars deficiency judgments. A Delaware mortgage foreclosure (scire facias sur mortgage) leads to a sheriff's sale of the home. If the sale does not cover the debt and the lender sued only on the mortgage, it must bring a separate lawsuit on the note to get a deficiency judgment against you.

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Reviewed against Delaware law and official sources on October 12, 2026. General information, not legal advice.

Deficiency rules in Delaware, point by point

  • The foreclosure case is against the home

    From the complaint to the sheriff's sale

    The writ of scire facias asks the court to let the mortgaged property be seized and sold to pay the mortgage debt. After the sale is confirmed, the buyer gets a deed and any surplus goes to the owner.

    10 Del. C. §§ 5061, 5065, 5067

  • A separate suit on the note

    After the sheriff's sale

    Legal Services Corporation of Delaware explains that if the sale does not pay the mortgage, interest and costs, and the foreclosure did not sue on both the mortgage and the note, the lender must file a separate lawsuit on the note to get a deficiency judgment. If the court grants one, you owe it.

  • No value limit found in Delaware law

    We found no Delaware statute that limits a deficiency to the debt minus the home's fair value, or that bars it for owner-occupied homes. Watch the sheriff's sale price and raise any problem with it before the sale is confirmed.

  • Short sale or deed in lieu

    Before you sign

    Delaware has no statute that cancels the balance after a short sale or deed in lieu, so the written agreement controls. These options can be raised at the court's foreclosure mediation conference, and any agreement there must be put in writing.

    10 Del. C. § 5062C(i)(3), (m)(1)

  • Wage attachment limit

    Only after a judgment

    Delaware exempts 85 percent of wages from attachment for Delaware residents, and only one attachment can be made on wages at a time.

    10 Del. C. § 4913

  • If you are sued on the note

    Before the deadline on the summons

    Answer the lawsuit and gather your sale papers, including the sheriff's sale price. Call the Attorney General's foreclosure hotline at (800) 220-5424, or contact Legal Services Corporation of Delaware or Delaware Legal Help Link.

The short answer in Delaware

Can the lender come after me for the rest?

Deficiency judgments allowed

Delaware does not bar deficiency judgments. Legal Services Corporation of Delaware explains that if the sale does not cover the mortgage debt and costs, and the foreclosure case was brought only on the mortgage, the lender must file a separate lawsuit on the note to get a deficiency judgment. If the court grants one, you owe that amount. Ask the lender in writing to waive the shortfall in any short sale or deed in lieu agreement.

Common questions in Delaware

Can a Delaware lender ask for a deficiency in the foreclosure case itself?

The legal aid guide says a separate lawsuit on the note is needed when the foreclosure did not sue on both the mortgage and the note. Read the complaint to see what the lender sued on. If it named the note too, ask a lawyer what that means for a deficiency.

How much of my pay can be taken for a Delaware deficiency judgment?

Delaware protects 85 percent of the wages of a Delaware resident from attachment, so no more than 15 percent can be taken. Only one wage attachment can be collected at a time. The limit does not apply to state fines, costs or taxes.

Can Delaware foreclosure mediation settle what I would still owe?

Yes, the parties can discuss options such as a deed in lieu or agreeing to move out by a set date in exchange for a payment. Any agreement reached is written down at the end of the conference. Make sure it says whether the lender waives any remaining balance.

Step by step

More on foreclosure in Delaware

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Delaware

Foreclosure mediation Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

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Sources for this page

  1. 10 Del. C. Chapter 49, Subchapter I, Exemptions (§ 4913)
  2. 10 Del. C. ch. 49, subch. XI, Scire Facias on Mortgage (§§ 5061 to 5067)
  3. 10 Del. C. ch. 49, subch. V, Sale Under Execution (§ 4973)
  4. 84 Del. Laws ch. 355 (2024), removing the January 1, 2025 expiration of the mediation program
  5. 6 Del. C. ch. 24B, Foreclosure Consultants and Reconveyances, subch. I
  6. 6 Del. C. ch. 24B, subch. II, Foreclosure Consultants
  7. 6 Del. C. ch. 24B, subch. III, Foreclosure Reconveyances
  8. 6 Del. C. ch. 24C, Mortgage Loan Modification Services
  9. Delaware Department of Justice: Automatic Residential Mortgage Foreclosure Mediation Program
  10. Delaware Department of Justice: Office of Foreclosure Prevention and Financial Education
  11. Legal Services Corporation of Delaware: A Guide to Foreclosure in Delaware
  12. Delaware State Housing Authority: Foreclosure Prevention
  13. Delaware's Mortgage Relief Program
  14. U.S. Treasury: Homeowner Assistance Fund
  15. Delaware Superior Court: Project Rightful Owner
  16. Sussex County Sheriff: Sheriff Sales
  17. Tyler v. Dep't of Fin. of Sussex Cnty., No. 342, 2018 (Del. Jan. 17, 2019) (order describing Super. Ct. Civ. R. 69(g) notice)