- Who sends it
- Your lender or servicer, by certified mail (return receipt requested) and by first-class mail, to every borrower
- What it starts
- A wait of at least 45 days before the lender can file a foreclosure case in Superior Court (10 Del. C. § 5062B(a)(1))
- Do this first
- Call a HUD-approved housing counselor from the list in the notice, or the Attorney General's Foreclosure Hotline at (800) 220-5424
What this notice is in Delaware
Under 10 Del. C. § 5062B, a lender cannot file a mortgage foreclosure case on an owner-occupied home with 1 to 4 units, used as your primary home, until 45 days after it sends you a notice of intent to foreclose. The notice may only be sent after you are in default.
The law sets the heading. In English and Spanish, in large bold type, the top of the page must say: "NOTICE REQUIRED BY DELAWARE LAW: TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE." The Attorney General posts the current form, updated in 2024, on its mediation program page.
By law the notice must include:
- A statement that the mortgage is in default and the lender intends to foreclose, with a warning to be careful of people offering to "save" your home.
- Information about Delaware State Housing Authority help and a reminder to meet with a HUD-certified housing counselor first.
- A phone number to call for instructions on reinstating the loan.
- The nature of the default, the amount needed to cure it and reinstate as of the date of the notice, and anything else you must do.
- A list of HUD-certified housing counselors, the Attorney General's Foreclosure Hotline number and Housing Authority contact information.
- If you may qualify, a list of loss mitigation programs, how to apply and a number to call to confirm your application was received.
- A 12-month history of your payments before the claimed default, the due date, the reason the lender says you are in default, and a certification that the information is true.
What it does and does not mean
- It is not a lawsuit. No court case has been filed yet, and no sale date exists.
- It is not an eviction. You still own the home and can stay in it.
- It does mean the lender plans to file. After the 45 days, it can ask the Superior Court to start a foreclosure case, called a scire facias sur mortgage. See the writ of scire facias and complaint.
- The notice is not required in some cases, such as an abandoned or voluntarily surrendered home, or a loan held by a seller who holds 5 or fewer such mortgages (10 Del. C. § 5062B(a)(2)).
- If the lender later asks for a default judgment, the law says it must have properly served this notice (10 Del. C. § 5062C(o)). Keep the envelope and the green certified mail card if you signed one.
For how this notice works in other states, see the national page on the notice of intent to foreclose.
The deadline it starts and how to count it
- Count 45 calendar days from the date the notice was sent, not the day you opened it. The law says the case may not be filed until 45 days after the notice is sent.
- The notice gives an amount to pay "by" a certain date to cure the default. That is the lender's cure date. Write it down.
- Federal rules generally stop your servicer from making the first foreclosure filing until you are more than 120 days behind (12 C.F.R. § 1024.41(f)). The 45 days often run during that same period, so the case can be filed soon after day 120.
- If you send a complete loss mitigation application before the first filing, the servicer generally cannot file until it has decided your application and any appeal (12 C.F.R. § 1024.41(f)(2)).
See how long foreclosure takes in Delaware for the full timeline.
What to do this week
- Check the numbers. Compare the cure amount and the 12-month payment history with your own records. Write down anything that looks wrong.
- Call a HUD-approved housing counselor from the list in the notice. Bring the notice with you, as the form itself asks.
- Call the reinstatement number in the notice and ask for a written reinstatement figure and a loss mitigation application.
- Send in a complete application as soon as you can, and keep copies and proof of the date you sent it.
- If you are told the default is a mistake, send a written notice of error to the servicer's address for errors.
- Read how to stop foreclosure in Delaware for each option and its timing.
Free help in Delaware and scam warnings
The Delaware Department of Justice's Office of Foreclosure Prevention and Financial Education can contact your servicer for you and explain your options. Call (800) 220-5424. The Delaware State Housing Authority's foreclosure prevention page lists free HUD-approved counselors; its toll-free number is (888) 363-8808. The Housing Authority says its Delaware Emergency Mortgage Assistance Program is not accepting applications right now, so check that page for updates. More options are on the Delaware foreclosure help page.
- The official notice itself warns that someone may approach you about saving your home. Be careful.
- Under Delaware's Mortgage Rescue Fraud Protection Act, a foreclosure consultant cannot charge or take any payment until it has fully done every service it promised (6 Del. C. § 2415B).
- Never sign over your deed to someone who says you can rent the home and buy it back later. Talk to legal aid or the Attorney General first.
The rest of the Delaware process
See how foreclosure works in Delaware, the timeline, ways to stop it and free help in Delaware, or read the national guide to this letter.
Common questions
How long after a Delaware Notice of Intent to Foreclose can the lender sue?
At least 45 days after the notice is sent, under 10 Del. C. § 5062B(a)(1). Federal rules also generally require that you be more than 120 days behind before the first filing. Both periods often run at the same time.
My Delaware notice has no payment history. Is that allowed?
The law says the notice must include a 12-month accounting of payments before the claimed default, the due date and the reason for the default, with a certification that it is true (10 Del. C. § 5062B(a)(5)). If yours is missing parts, keep it and show it to a housing counselor or legal aid lawyer.
Do I get this notice if I rent out the house?
The 45-day notice rule covers owner-occupied homes with 1 to 4 units that are the owner's primary home. If you do not live in the home, the lender may not have to send it.
Other Delaware letters
- Writ of Scire Facias Sur Mortgage and ComplaintA writ of scire facias sur mortgage, served with a complaint, means your lender has filed a foreclosure case against your home in the Delaware Superior Court. Your deadlines run from the day you were served. For a home you live in, a mediation notice should be attached to the front.
- Notice of Foreclosure Mediation and Certificate of ParticipationThis notice comes attached to the front of the foreclosure complaint. It tells you a free mediation conference with your lender will be scheduled 45 to 75 days after you were served. To take full part, meet a HUD-approved housing counselor and file the Certificate of Participation within 30 days.
- Notice of Sheriff's Sale (advertisement of sale of real estate)A Delaware notice of sheriff's sale means the court has entered judgment and the sheriff has set a date to auction your home. The sale is not final until the Superior Court confirms it, usually the next month. Until then you can still object or redeem.
- Rule to Show Cause Why a Writ of Possession Should Not Be AwardedThis court paper means the buyer at the sheriff's sale has asked the Superior Court for a writ of possession to put the buyer in possession of the home. You get a date to tell the court why the writ should not be issued. The writ cannot issue until the court makes the rule absolute.
Sources
- 10 Del. C. ch. 49, subch. XI, Scire Facias on Mortgage (§§ 5061 to 5067, including §§ 5062B and 5062C)
- Delaware Department of Justice: Notice of Intent to Foreclose form (updated 2024)
- 6 Del. C. ch. 24B, subch. II, Foreclosure Consultants (§ 2415B)
- Delaware Department of Justice: Office of Foreclosure Prevention and Financial Education
- Delaware State Housing Authority: Foreclosure Prevention