- Who sends it
- The county sheriff delivers it to you or leaves it at your home, posts it in public places and advertises it in two newspapers
- What it starts
- A sale at least 10 days later (10 Del. C. § 4973), then a short window to object before the court confirms the sale (Super. Ct. Civ. R. 69(d))
- Do this first
- Write down the sale date, call your servicer and legal aid today, and ask the Attorney General's hotline for help
What this notice is in Delaware
After the lender gets a judgment, the court issues a writ of levari facias telling the sheriff to sell the home (10 Del. C. §§ 5063, 5065). The sale is noticed the same way as other sales of land under execution, set out in 10 Del. C. § 4973.
The notice must give the day, hour and place of sale and describe the property. The law requires:
- Posting at least 10 days before the sale in 10 of the most public places in the county, including one in your hundred and one in each neighboring hundred.
- A copy delivered to you at least 10 days before the sale, or left at your usual home.
- Ads for 2 weeks before the sale in two newspapers picked by the sheriff.
- Under Superior Court Civil Rule 69(g), the lender must also send a "Notice to Lien Holders, Tenants, Record Owners and Persons Having an Interest of Sheriff's Sale of Real Estate" with a copy of the ad, by certified mail at least 7 days before the sale, to lienholders, tenants, record owners who took title at least 30 days before the sale, and others with a recorded interest.
What it does and does not mean
- It is not an eviction. You still own the home on the sale date.
- The sale is not final at the auction. The sheriff reports it to the court, and the Superior Court must confirm it before the buyer gets a deed (10 Del. C. § 5065).
- Until confirmation you can redeem by paying the full loan balance plus the lender's foreclosure fees and costs. After the sale is confirmed and the deed is delivered, the buyer holds the home free of your right of redemption (10 Del. C. § 5066).
- If the sale brings more than the debt, interest and costs, the extra money belongs to the person who owned the home at the time of the sale (10 Del. C. § 5067). See Delaware foreclosure surplus funds.
- If it brings less, the lender may be able to sue you separately for the shortfall. See deficiency judgments in Delaware.
The national page on a notice of sheriff's sale explains how these sales work in other states.
The deadlines it starts and how to count them
- Sale date: at least 10 days after the notice is delivered or left at your home (10 Del. C. § 4973(a)). Count calendar days.
- Each county holds sales on a set schedule. Sussex County holds them on the third Tuesday of each month at 9:30 a.m., and its sheriff says all sales can be stayed until 9:30 a.m. on sale day.
- Return of sale: the sheriff reports the sale to the court on the third Monday of the month after the sale (Super. Ct. Civ. R. 69(d)).
- Objections: applications to set aside the sale must be made on or before the first Thursday after that return date. Sales not objected to by then are confirmed as a matter of course on the next Friday (Super. Ct. Civ. R. 69(d)).
- Example: for a sale on Tuesday, October 20, 2026, the return date would be Monday, November 16, objections would be due by Thursday, November 19, and confirmation would be Friday, November 20. Holidays and court orders can change this, so confirm the dates with the Prothonotary.
- Federal rules: a complete loss mitigation application that reaches your servicer more than 37 days before the sale must be reviewed, and the servicer cannot hold the sale while it does (12 C.F.R. § 1024.41(g)). One sent closer to the sale does not get that protection, but still send it.
What to do this week
- Call your servicer and ask in writing whether the sale can be postponed while a loss mitigation application, short sale or other workout is reviewed. Get any agreement in writing.
- If you had a mediation agreement that set a date before which the home would not be sold, check the sale date against it.
- Call legal aid now. A lawyer can tell you whether the notice was given properly, whether bankruptcy could pause the sale, and how to object before confirmation.
- If you can raise the money, ask the servicer for a written payoff figure to redeem before confirmation.
- Make a moving plan in case the sale goes through, and keep your mailing address current so you get any surplus money.
Free help in Delaware and scam warnings
Call the Attorney General's Office of Foreclosure Prevention at (800) 220-5424. Legal aid groups can be reached through Delaware Legal Help Link. See the Delaware foreclosure help page for more.
- Sheriff's sale ads are public, and buyers and "rescue" companies read them. Do not sign over your deed or pay anyone up front to stop the sale.
- If you transfer your deed in a foreclosure reconveyance deal, Delaware law lets you cancel until midnight of the third business day after you sign (6 Del. C. ch. 24B).
- After the sale, be careful with anyone who offers to recover your surplus for a large fee. You can petition the Superior Court yourself.
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 much notice do I get before a Delaware sheriff's sale?
The sheriff must deliver a notice to you, or leave it at your home, at least 10 days before the sale, and post and advertise the sale too (10 Del. C. § 4973). Court Rule 69(g) also requires certified mail notice at least 7 days before the sale to lienholders, tenants and record owners.
When is a Delaware sheriff's sale final?
When the Superior Court confirms it. Under Rule 69(d), the sale is returned on the third Monday of the next month, objections are due by the following Thursday, and unopposed sales are confirmed that Friday.
Can I still save my home after the Delaware sheriff's sale?
Only before confirmation. You can redeem by paying the full loan balance plus the lender's fees and costs. Once the sale is confirmed and the deed delivered, the right of redemption ends (10 Del. C. § 5066).
Other Delaware letters
- Notice of Intent to Foreclose ("Notice Required by Delaware Law: Take Action to Save Your Home from Foreclosure")This is the notice Delaware law requires before a lender can file a foreclosure case on an owner-occupied home with 1 to 4 units. The lender must wait 45 days after sending it before it can file in Superior Court. Use those days to check the numbers, call a free housing counselor and apply for help.
- 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.
- 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. V, Sale Under Execution (§ 4973)
- 10 Del. C. ch. 49, subch. XI (§§ 5063, 5065, 5066, 5067)
- Rules of Civil Procedure for the Superior Court of Delaware, 2026 edition (Rule 69(d), (g))
- Sussex County Sheriff: Sheriff Sales
- Delaware Superior Court: Project Rightful Owner
- Legal Services Corporation of Delaware: A Guide to Foreclosure in Delaware