The Mediation Shield: Delaware SB 3550
The Reality: Delaware is a strictly Judicial state. Under the **Automatic Mediation Program**, lenders are prohibited from seeking a judgment until the day after a scheduled mediation conference. For owner-occupied homes, this provides a mandatory neutral ground to intercept the foreclosure and seek loss mitigation alternatives.
LEGAL STANDARD
MANDATORY
MEDIATION
MEDIATION
The Delaware Judicial Timeline
The Delaware process, known as Scire Facias, requires the lender to file a lawsuit in Superior Court. This provides multiple "exit ramps" for homeowners before a Sheriff's Sale can be scheduled.
| Stage | Timing | The Authority Detail |
|---|---|---|
| Notice of Intent (NOI) | 45 Days | Mandatory notice sent by certified and first-class mail before the lawsuit is filed. |
| Scire Facias Complaint | Day 120+ Default | The formal court filing. Homeowners must be served or the notice must be posted to the property. |
| Mediation Request | 30 Days from Service | Homeowners must meet with a HUD-approved counselor to trigger the mandatory mediation stay. |
| Mediation Session | Day 60-90 | A meeting with the bank and a neutral mediator. The legal case is paused during this window. |
| Sheriff's Sale | Post-Judgment | Notice is published for 3 weeks. Redemption is possible until the sale is confirmed by a judge. |
Authority FAQ: Delaware
What is a Scire Facias Foreclosure?
In Delaware, this is the judicial process where a lender asks the court to issue a writ commanding the homeowner to "show cause" why the property should not be seized and sold to satisfy the mortgage debt.
Can I get a Deficiency Judgment in Delaware?
Yes. If the home sells for less than the total debt at the Sheriff's Sale, the lender can pursue a deficiency judgment. However, if there is a surplus, the homeowner is entitled to those excess funds after all liens are paid.
When do I have to leave the home?
You retain legal possession until the court confirms the Sheriff's Sale (usually 30 days after the auction). If you do not leave at that point, the new owner must seek a Writ of Possession to initiate a formal eviction.