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How to claim foreclosure surplus funds in Delaware

Delaware mortgage foreclosures end in a sheriff's sale. Any money left after the mortgage debt, interest and costs are paid must go to the person who owned the home at the time of the sale, and the sheriff is not released from the case until that money is paid out. If you do not claim it, it is moved to the Superior Court, and you can get it back with interest by filing a petition through Project Rightful Owner.

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

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How to claim surplus funds in Delaware

  1. The sheriff holds the sale money

    At the sheriff's sale

    The sheriff collects the sale price and pays the mortgage debt, interest and costs. The law says any surplus must be paid to the owner of the home at the time of the sale, and the sheriff stays responsible on the court record until it is paid.

    10 Del. C. § 5067

  2. Other liens may come first

    When proceeds are paid out

    The Superior Court describes excess proceeds as money left after all recorded liens and mortgages are paid. If you have a second mortgage, a judgment or other recorded liens, expect them to be paid before you.

  3. Unclaimed money goes to the court

    After the sheriff transfers it

    Excess the owner does not collect is moved from the sheriff's office to the Prothonotary of the Superior Court. Project Rightful Owner lists this money by county, with the owner's name, property address and sale date, so check the list for your county.

  4. File a petition with the Superior Court

    To get the money you file a petition with the Superior Court proving you are entitled to it, following the court's posted petition requirements. The court encourages using a lawyer and posts a list; if you qualify, Delaware Volunteer Legal Services may help for free at 302-478-8680 or 1-888-225-0582.

  5. Interest is added

    From the transfer to the court

    If you prove you are entitled to all or part of the money, you also receive interest from the time it was transferred from the sheriff's office to the Prothonotary.

  6. Be careful with finders

    No Delaware law was found that caps fees for recovering sheriff's sale money held by the court, so read any offer closely and remember you can petition yourself. For property held by the State Escheator, a finder agreement must be in writing, notarized and state the amount, and in some cases fees are capped at $1,000 or 10 percent, whichever is less.

    12 Del. C. §§ 1186, 1187

  7. Surplus after a property tax sale

    After the court approves the tax sale

    If your home was sold for unpaid county taxes, the sale is also a sheriff's sale but follows the tax monition rules. See our Delaware property tax foreclosure page for that process.

    9 Del. C. §§ 8721 to 8731

What Delaware law says about leftover sale money

Surplus after a mortgage foreclosure sale

Any money left from the sheriff's sale after the mortgage debt, interest and costs are paid must go to the person who owned the home at the time of the sale. Unclaimed excess proceeds are held by the Superior Court. The court's Project Rightful Owner lists unclaimed sheriff's sale money by county and explains the petition you file to claim it. If you prove your claim, you also receive interest from the time the money was moved to the court.

10 Del. C. § 5067

Common questions in Delaware

Is there a deadline to claim Delaware sheriff's sale excess proceeds?

No deadline was found in the Delaware statute on mortgage sale surplus, and the Superior Court keeps listing unclaimed sheriff's sale money by county. Still, claim as soon as you can, because proving your right to the money gets harder as records age.

Do I need a lawyer for a Project Rightful Owner petition in Delaware?

The court does not require one, but it says the process of proving you are entitled to the money can be complicated and encourages using an attorney. If you qualify, Delaware Volunteer Legal Services may represent you for free; tell them your call is about Project Rightful Owner.

What if the owner of the Delaware home has died?

The money belongs to whoever owned the home at the time of the sale, so an heir or the estate may have to show the court who is entitled to it. Talk to a lawyer or Delaware Volunteer Legal Services about what proof the court will need before you file a petition.

Step by step

More on foreclosure in Delaware

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

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

Also in Delaware

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. 9 Del. C. Chapter 86, Collection of County Taxes (§§ 8604, 8610)
  2. 9 Del. C. Chapter 87, Subchapter I, General Provisions (§ 8701)
  3. 9 Del. C. Chapter 87, Subchapter II, Monition Method of Sale (§§ 8721 to 8733)
  4. 9 Del. C. Chapter 87, Subchapter III, Attachment of Land in New Castle County
  5. 9 Del. C. Chapter 87, Subchapter IV, Sale of Land in Kent and Sussex Counties (§§ 8776, 8779)
  6. 12 Del. C. Chapter 11, Subchapter II, Unclaimed Property (§§ 1186, 1187)
  7. Delaware Unclaimed Property
  8. 10 Del. C. ch. 49, subch. XI, Scire Facias on Mortgage (§§ 5061 to 5067)
  9. 10 Del. C. ch. 49, subch. V, Sale Under Execution (§ 4973)
  10. 84 Del. Laws ch. 355 (2024), removing the January 1, 2025 expiration of the mediation program
  11. 6 Del. C. ch. 24B, Foreclosure Consultants and Reconveyances, subch. I
  12. 6 Del. C. ch. 24B, subch. II, Foreclosure Consultants
  13. 6 Del. C. ch. 24B, subch. III, Foreclosure Reconveyances
  14. 6 Del. C. ch. 24C, Mortgage Loan Modification Services
  15. Delaware Department of Justice: Automatic Residential Mortgage Foreclosure Mediation Program
  16. Delaware Department of Justice: Office of Foreclosure Prevention and Financial Education
  17. Legal Services Corporation of Delaware: A Guide to Foreclosure in Delaware
  18. Delaware State Housing Authority: Foreclosure Prevention
  19. Delaware's Mortgage Relief Program
  20. U.S. Treasury: Homeowner Assistance Fund
  21. Delaware Superior Court: Project Rightful Owner
  22. Sussex County Sheriff: Sheriff Sales
  23. 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)