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Foreclosure Survival Guide
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Foreclosure Survival Guide (1st Edition)
| Topic | State Rule |
|---|---|
| Common type of foreclosure process | Judicial |
| Time to respond | Homeowner has 20 days to respond to Order to Show Cause why the foreclosure should not proceed. After court grants a judgment of foreclosure, homeowner gets a 10-day notice of sale. |
| Reinstatement of loan before sale | None |
| Redemption after sale | Available until court confirms sale |
| Special protections for foreclosures involving high-cost mortgages | None |
| Special state protections for service members | None |
| Deficiency judgments | May be obtained by filing a separate lawsuit after a court has issued a foreclosure judgment |
| Cash exempted in bankruptcy | $500 for one person, $1,000 for a married couple |
| Notice to leave after house is sold | Five days after sale, new owner can file a summary eviction lawsuit. Former owner has five to 30 days before a hearing on the complaint is held. If former owner loses at the hearing or doesn’t appear, court will order the sheriff to remove former owner. Del. Code Ann. tit. 10, §§ 5703-5708 |
| Foreclosure statute | Del. Code Ann. tit. 10, § 5061 |