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Delaware · Weigh your options

How to stop a foreclosure in Delaware

Delaware gives homeowners several ways to stop or slow a foreclosure: curing the default, applying for a workout, the automatic mediation program, answering the lawsuit and redeeming before the sale is confirmed. The mediation program is the main tool for owner-occupied homes. Each option has a deadline, so start now.

Ask for help in Delaware Free HUD counselor: (800) 569-4287

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

Ways to stop or delay a foreclosure in Delaware

  • Cure the default

    Before the loan is accelerated, and before the 45 days run out

    The Notice of Intent to Foreclose must state the amount needed to cure and a number to call for reinstatement. Legal aid says that after acceleration the lender can refuse partial payments and may demand the full balance.

    10 Del. C. § 5062B(a)

  • Apply for loss mitigation

    As early as possible; more than 37 days before the sale

    Delaware bars judgment and sale unless the lender swears you had a chance to apply for the loss mitigation programs you may qualify for. If that affidavit is false, the case is dismissed and you cannot be charged for it. A complete application also brings federal review protections.

    10 Del. C. § 5062A; 12 C.F.R. § 1024.41(g)

  • Take part fully in mediation

    Counselor and certificate within 30 days of service; worksheet 14 days before the conference

    File your Certificate of Participation, send your financial worksheet and attend. Both sides must mediate in good faith, and the lender must send someone with authority to settle. Possible results include a modification, repayment plan, forbearance, short sale or deed in lieu.

    10 Del. C. § 5062C

  • Answer the complaint and raise defenses

    20 days after service, or by the mediation conference date in a mediation case

    The lender cannot file until 45 days after a proper notice of intent, and cannot get judgment without the loss mitigation affidavit. A lawyer can check whether those steps were followed and help with the sworn answer.

    10 Del. C. §§ 5062A, 5062B, 5062D(c)

  • Ask for a delay to finish a workout

    Before the sheriff's sale

    Legal aid says you can ask the lender for a delay to negotiate, and some lenders allow a private sale through a realtor instead. Get any agreement in writing.

  • Bankruptcy

    Before the sheriff's sale

    Filing bankruptcy creates an automatic stay that pauses the foreclosure, and Delaware law says it also halts mediation. The lender can ask the bankruptcy court to let it continue.

    11 U.S.C. § 362; 10 Del. C. § 5062C

  • Redeem before confirmation

    Until the court confirms the sale

    You can redeem by paying the full loan balance plus the lender's foreclosure fees and costs. Once the sale is confirmed and the deed delivered, this right ends.

    10 Del. C. §§ 5065, 5066

What Delaware law gives you

The right to catch up and stop the sale

Limited right

The notice of intent to foreclose must tell you the amount needed to cure the default and reinstate the loan, and a phone number to call about reinstating. Legal Services Corporation of Delaware explains that you can cure by paying the missed payments, fees and costs before the lender accelerates the loan. After acceleration, the lender can refuse partial payments, and you may have to pay the whole balance before the sheriff's sale. Your mortgage contract may give you more time to reinstate, so read it or ask a housing counselor.

10 Del. C. § 5062B(a)(3)

Foreclosure mediation

Program available

Delaware has an Automatic Residential Mortgage Foreclosure Mediation Program. It applies to foreclosure cases on owner-occupied primary homes with 1 to 4 units (not to a seller who holds 5 or fewer such mortgages). You do not have to ask: a conference is scheduled 45 to 75 days after you are served, and the lender must attend and mediate in good faith. To take part fully, meet with a HUD-approved housing counselor and file the Certificate of Participation within 30 days of service. The program had been set to expire on January 1, 2025, but a 2024 law removed that expiration. For questions, call the Attorney General's foreclosure hotline at (800) 220-5424.

45-day notice of intent to foreclose

For an owner-occupied home with 1 to 4 units, the lender cannot file a foreclosure case until 45 days after it mails a notice of intent to foreclose. The notice must state the amount to cure the default, give a phone number for reinstatement instructions, and list HUD-certified housing counselors. Exceptions include abandoned or surrendered homes.

10 Del. C. § 5062B

Loss mitigation affidavit before judgment or sale

The court cannot enter judgment, and the home cannot go to sheriff's sale, unless the lender files a sworn affidavit that you had the chance to apply for the loss mitigation programs you may qualify for. If the affidavit is false, the case is dismissed and the lender cannot charge you fees or costs for it.

10 Del. C. § 5062A

No judgment before the mediation conference

In a case covered by the mediation program, the lender cannot seek judgment against your property until the day after the date your mediation conference is scheduled.

10 Del. C. § 5062C(c)(2)

Limits on paid loan modification services

A company that sells mortgage loan modification services cannot ask for or take any fee until you have signed a written agreement with your lender or servicer that includes the modification it obtained. The contract must let you cancel at any time without penalty.

6 Del. C. §§ 2406C, 2408C

Several kinds of notice before a sheriff's sale

At least 10 days before the sale, notices must be posted in 10 public places in the county and a copy delivered to you or left at your home, and the sale must be advertised for 2 weeks in two newspapers. A court rule also requires notice by certified mail, return receipt requested, to your last known address at least 7 days before the sale, so keep your mailing address current with the lender and the county.

10 Del. C. § 4973(a); Del. Super. Ct. Civ. R. 69(g)

The options your servicer can offer

Common questions in Delaware

What happens if I miss my Delaware mediation conference?

The mediator can record that mediation is complete because you did not appear, and the foreclosure can move ahead. If you cannot attend, call the mediation program at (800) 220-5424 before the date.

What if the lender does not show up to Delaware mediation?

The mediator can schedule another conference. If the lender misses two conferences in a row, the mediator may recommend that the case be dismissed.

Can a Delaware lender win if it skipped the loss mitigation step?

No judgment or sheriff's sale can happen without a sworn affidavit that you had a chance to apply for loss mitigation. If the affidavit turns out to be false, the court dismisses the case and you cannot be charged fees or costs for it.

Is the Delaware mediation program still running in 2026?

Yes. It had been set to expire January 1, 2025, but a 2024 law removed that end date. The Attorney General's office still runs it and lists its forms online.

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.

Back to the Delaware overview

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Sources for this page

  1. Tyler v. Department of Finance of Sussex County, Del. Supreme Court, No. 342, 2018 (Jan. 17, 2019)
  2. One Pie Investment LLC v. Whitfield, Del. Super. Ct., N22L-12-041 (Apr. 16, 2026)
  3. Delaware Superior Court: Petition Requirements to Redeem Sheriff's Sale Excess
  4. 10 Del. C. ch. 49, subch. XI, Scire Facias on Mortgage (§§ 5061 to 5067)
  5. 10 Del. C. ch. 49, subch. V, Sale Under Execution (§ 4973)
  6. 84 Del. Laws ch. 355 (2024), removing the January 1, 2025 expiration of the mediation program
  7. 6 Del. C. ch. 24B, Foreclosure Consultants and Reconveyances, subch. I
  8. 6 Del. C. ch. 24B, subch. II, Foreclosure Consultants
  9. 6 Del. C. ch. 24B, subch. III, Foreclosure Reconveyances
  10. 6 Del. C. ch. 24C, Mortgage Loan Modification Services
  11. Delaware Department of Justice: Automatic Residential Mortgage Foreclosure Mediation Program
  12. Delaware Department of Justice: Office of Foreclosure Prevention and Financial Education
  13. Legal Services Corporation of Delaware: A Guide to Foreclosure in Delaware
  14. Delaware State Housing Authority: Foreclosure Prevention
  15. Delaware's Mortgage Relief Program
  16. U.S. Treasury: Homeowner Assistance Fund
  17. Delaware Superior Court: Project Rightful Owner
  18. Sussex County Sheriff: Sheriff Sales