Delaware Judgment Foreclosing Mortgage and Ordering Sale

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US-02647BG
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Description

A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

In Delaware, all mortgage foreclosures are by judicial process and typically take more than ten months to complete when initiated by a secured mortgage lender.

You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.

Ways to Stop Foreclosure in Delaware Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.

In Delaware, all mortgage foreclosures are by judicial process and typically take more than ten months to complete when initiated by a secured mortgage lender.

Foreclosures in Delaware are judicial, which means a court handles the process. In some other states, foreclosures are nonjudicial, which means they're usually carried out with little (if any) court involvement or oversight.

Delaware Foreclosure Procedures The foreclosure starts when the lender files a lawsuit (a ?complaint?) in court and serves you a copy. If you fail to answer to the suit within 20 days, the lender will automatically win the case, and the court will issue a default judgment giving permission to sell the property.

The Foreclosure Sale A statutory right of redemption allows borrowers to make the full payment of the loan plus costs to the lender. A confirmation hearing is held 30 days after the sale, and the borrower can redeem the loan during that 30 days but not after.

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Delaware Judgment Foreclosing Mortgage and Ordering Sale