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Delaware foreclosure

The Delaware foreclosure process uses the judicial system to carry it out. The preferred security instrument in Delaware is the mortgage where you get title to the property and in turn pledge the property as collateral.

Foreclosure in Delaware is very different from judicial foreclosure in other states. The burden of proof lies with the borrower. In other states, the lender has to prove that the borrower is in default; in Delaware you, the borrower have to appear within 20 days of being served and provide evidence as to why the foreclosure should not take place. If you don't appear or can't satisfy the judge then the judge will authorize the sale of your property.

Once the foreclosure takes place and the sale is authorized, notice of the sale will be posted at your property and at other locations throughout your county. At least 14 days after notice of the sale is posted, the sale will be conducted by the sheriff at the courthouse or at your property.

Obviously, to your detriment, this process is much more streamlined and tipically takes 90 days to complete.

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