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The
Judicial Foreclosure Process in Delaware is different from that
of most other states. In Delaware , the lender sues to obtain
an order to foreclose, but it is up to the borrower to prove
to the courts that he is not in default. The lender does not
have to prove that the borrower has defaulted on the loan.
Once
the lender files the suit, the borrower has twenty (20) days
after being served the notice to appear in court. If the borrower
does not appear in court, an order to foreclose will be issued.
The
sale may be held by the county sheriff at the county courthouse
or at the property itself. The sale may not be held less than
fourteen (14) days after the notice of sale has been posted
at the property and several other public places located in the
county that the property is located in. |