CHAPTER 9.03. Foreclosure

JurisdictionUnited States

9.03. Foreclosure

Delaware law provides only for judicial foreclosure; it does not permit the exercise of default remedies under "powers of sale" or other non-judicial foreclosure methods. The typical procedure to foreclose a mortgage is by the scire facias sur mortgage process in the Superior Court. In the event the mortgage does not comply with the technical requirements for enforcement in a court of law, or if the holder wishes to pursue a foreclosure in equity, foreclosure may alternatively be sought by...

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