How much time you have
Delaware is a judicial foreclosure state: the lender files in Superior Court and needs a judgment before the county sheriff can auction the house. Federal servicing rules generally bar a servicer from starting foreclosure until a loan is more than 120 days delinquent, and the court process adds months after that. New Castle County holds sheriff sales monthly; Kent County's mortgage foreclosure sales are usually held on the first Thursday of the month at the Kent County Administrative Complex, 555 Bay Rd., Dover. The full timeline, step by step, is in our Delaware foreclosure guide.
Every month you wait adds interest, late fees and legal costs to the payoff, which comes out of your equity at any sale. The earlier you get a written offer, the more of that equity is still yours.
Free help first
If you live in the house (1–4 units), Delaware's Automatic Residential Mortgage Foreclosure Mediation Program is free: (800) 220-5424, mortgage.mediation@delaware.gov. A HUD-approved housing counselor is also free. We'll point you there before we talk about buying, because a loan modification or repayment plan that lets you keep the house is worth more than any offer.
Your options, in order of what you keep
- Reinstate or modify: keep the house if the numbers work.
- Sell on the open market: best price when the house shows well and you have 60–120 days before the sale date.
- Sell to us before the sale: a firm date inside your window, no repairs, no commissions; we coordinate the payoff with your servicer and the settlement attorney.
- Short sale: when the payoff exceeds the value; needs lender approval and time.
- Deed in lieu or the auction: last resorts; the auction rarely returns equity to the owner.
Delaware's foreclosure-rescue law protects you here. If your mortgage is 60 or more days past due or a foreclosure has been filed, the Mortgage Rescue Fraud Protection Act (6 Del. C. Chapter 24B) regulates or prohibits sale-leaseback and "we'll catch up your payments" arrangements. That is why we do not offer a rent-back, a buy-back promise, or a mortgage takeover to a seller in foreclosure: only a standard sale that pays off the loan at a licensed Delaware settlement attorney, with a normal move-out date you choose and your own attorney free to review everything. Anyone offering you the other kind of deal is the reason the law exists.
What our written offer shows a seller in foreclosure
The same lines as every Silverside offer, after-repair value, repair budget, holding and closing costs, our margin, plus the two numbers that matter most here: the estimated payoff (from your servicer's letter) and your net at settlement. If the net is negative, we'll say so and talk about a short sale instead of pretending.
What foreclosure scams should you avoid?
Anyone asking for an upfront fee to "stop the foreclosure", anyone asking you to sign the deed over now and "rent it back" with no written terms, and any buyer who won't show the math. Our offers are written, the closing is at a licensed Delaware settlement attorney, and you can have your own attorney review everything.
A realistic timeline, from first missed payment to sale day
| Stage | Typical timing in Delaware | What you can still do |
|---|---|---|
| Missed payments and servicer notices | Months 1–4 | Call the servicer; apply for a modification or repayment plan; call mediation |
| Complaint filed in Superior Court | After about 120 days delinquent | Answer on time; request mediation if owner-occupied; get a written offer |
| Mediation and court process | Several months | Sell on the open market or to a direct buyer; a completed sale ends the case |
| Judgment and sheriff's sale scheduled | New Castle County: second Tuesday of the month, 9:00 a.m., 800 N. French St. Kent County: usually the first Thursday of the month, 555 Bay Rd., Dover | A sale that closes before the auction still protects your equity |
| Sale held, then confirmed by the court | Weeks after the auction | Options narrow sharply; talk to an attorney about the confirmation hearing |
As of August 2026, per ATTOM, Delaware had the seventh-highest foreclosure rate in the country, one filing for every 2,796 housing units (ATTOM), and New Castle County's sheriff-sale list for October 13, 2026 carried 81 properties (county listing; both numbers change monthly). You are not the only one, and the process has more room in it than the letters make it feel.
How can Silverside Home Buyers help?
Call or text (302) 525-0787. Within one business day you'll have a call with a member of our team; within 24 hours of the walkthrough you'll have the written offer. We can close in as little as 10 days when title is clear, and we work with your sale date, not ours.
Frequently asked questions
Can I sell my house after the foreclosure has been filed?
Yes. You can sell while the case is pending, but plan for the sale to close before the sheriff's sale date: once the auction happens, your options narrow sharply and depend on the court. The buyer's funds pay off the lender at settlement and the case is dismissed.
Will a sale stop the sheriff's sale?
A completed sale that pays off the loan ends the foreclosure. Your attorney or the settlement attorney notifies the lender's counsel; timing matters, so start before the sale date is set.
Can I stay in the house after I sell it to you?
Not through a rent-back. Once a mortgage is 60+ days past due or a foreclosure has been filed, Delaware's Mortgage Rescue Fraud Protection Act (6 Del. C. Chapter 24B) regulates or prohibits sale-leaseback arrangements, so we only do a standard sale with a move-out date you choose. We build that date into the contract and can point you to relocation resources.
Is there a fee for the state mediation program?
No. Delaware's mediation program is free for owner-occupied homes in foreclosure. Call (800) 220-5424.
Related pages
Sources
- Delaware Attorney General, Mortgage Foreclosure Mediation Program
- 10 Del. C. §§ 5062A–5062C (notice, loss-mitigation affidavit, Residential Mortgage Foreclosure Mediation Program)
- 6 Del. C. Ch. 24B, Mortgage Rescue Fraud Protection Act
- CFPB, Regulation X, 12 CFR 1024.41 (loss mitigation; 120-day rule)
- New Castle County Sheriff Sales
- New Castle County, current sheriff sale listing
- Kent County Sheriff's Office, Sales Directive (effective May 1, 2025)
- ATTOM, foreclosure rates by state (August 2026)
Want the number in writing?
Call or text (302) 525-0787, or send the address. You'll get a written offer with the math, and a straight answer if listing would net you more.
Get My Written Offer Call (302) 525-0787