Delaware Foreclosure

General Information on Delaware Foreclosures:

There are currently over 80 foreclosed properties.

Delaware Foreclosure is Judicial

Delaware foreclosure laws are a bit different that most states. Lenders in Delaware are given a number of options in which they may pursue judicial foreclosure, but the most commonly used procedure is the Scire Facias.

This proceeding is quite different from other judicial foreclosures because instead of the lender having to prove the borrower is in default of the mortgage, the borrower has to prove he isn’t. Although the suit to obtain an order for foreclosure is filed by the lender, the borrower must appear in court within twenty (20) days of being served a writ to provide evidence as to why the foreclosure should not take place. Unless the court is satisfied with the borrowers explanation and evidence, they will authorize a foreclosure sale.

Delaware foreclosure laws state that the sale must be conducted by the sheriff and held either at the courthouse or at the property itself at least fourteen (14) days after the notice of sale is posted on the property and in other public places throughout the county in which it is located. The buyer has no right of redemption once the court has confirmed the sale.

Free Delaware Foreclosure Lookup:

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For assistance with your foreclosure search, please contact one of the following websites:

  • Foreclosure Lookup:Delaware Foreclosure Search – Foreclosure Deals
  • Credit Reporting:Delaware Credit Reporting – Easy-to-understand, includes credit score explanation
  • Electronic Appraiser:Delaware Electronic Appraiser – Instant Home Valuations!
  • Free Delaware Foreclosure Forms:
    Following foreclosure forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these foreclosure papers and forms just right click on the link and select “Save As…”.

    Foreclosure Investing Forms – Real Estate Short Sale Forms:

  • Property Evaluation Sheet
  • HUD 1 Sheet
  • Warranty Deed
  • Authorization to Release Information
  • Home Equity:

  • Waiver of Certain Terms in Other Loans with Lender
  • Affidavit of Lender Relationship
  • Acknowledgment Regarding Voluntary Repayment of Existing Debt
  • Notice of Right to Rescind
  • Election Not to Rescind
  • Refinance

  • Affidavit of Reasonable and Necessary Closing Costs For Homestead Property Refinance
  • Miscellaneous

  • 1099-S Certification For No Information Reporting
  • 1099-S Proceeds from Real Estate Transactions
  • Affidavit of Exclusion
  • Affidavit Regarding Loan Purpose
  • Assignment of Leases, Rents and Profits
  • Assignment of Mortgage
  • Authorization to Release Information
  • Common Drive Agreement
  • Consent to Encroachment (across property line)
  • Consent to Encroachment (cross encroachment)
  • Consent to Encroachment (into easement)
  • Earnest Money Escrow Agreement

  • Loan Guaranty
  • Minimum Escrow Accounting Procedures
  • Mortgage and Security Agreement
  • Notary Signature for Corporation
  • Notary Signature of Individual
  • Partial Release of Mortgage
  • Promissory Note
  • Quit Claim Deed
  • Rider to Financing Statement
  • Wrap Around Mortgage Rider
  • HUD Settlement Cost Booklet
  • Consumer Handbook on Adjustable Rate Mortgages (CHARM)
  • RESPA Reform Proposal
  • Self-Employed Income Analysis