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In Delaware, a lawsuit is required to foreclose on your mortgage except for certain types of mortgages issued by the government. The foreclosure process takes an average of 5 to 6 months from filing the lawsuit until the confirmation of the foreclosure sale.
In the meantime, the one sure way to stop a Sheriff sale to prevent your home from being sold out from under you is to hire a Delaware bankruptcy attorney (or an attorney in the state that you reside) to file Chapter 13 bankruptcy and propose a repayment plan of your past due mortgage payments over three to five years.
In a sheriff's sale, the initial owner of a property is unable to make their mortgage payments and legal possession of the property is regained by the lender. The lender will then attempt to sell it to recover some, if not all, of the outstanding mortgage balance.
Monition Tax Sales The procedure used to sell the properties is a bidding process. The winning bidder must have a $2,000.00 certified funds, cashiers check or a money order at the time of bidding, for each property purchased.
A sheriff's sale is a public auction at which property that has been defaulted on is repossessed. The proceeds from the sale are used to pay mortgage lenders, banks, tax collectors, and other litigants who have lost money on the property.
You have 30 days from the time the deed is transferred from the Sheriff to the owner to leave the property. I usually tell my clients to be out within 30 days of the Sheriff sale date to be safe.
At a foreclosure auction, a lender is selling a property it repossessed, whereas in a sheriff sale, the property was repossessed by a lender through court-ordered means. California operates a system of non-judicial foreclosure which means the lender does not need a court order to seize and sell your home.