Short answer
After judgment, the court awards a writ and the property is exposed to public sale. Sections 5064 and 5065 require notice posted in at least five of the most public places in each hundred where the land lies. After sale and confirmation, the sheriff conveys by deed to the purchaser.
After judgment
Sections 5064 and 5065 of Title 10 describe what happens once the court rules for the lender. The court awards a levari facias, a writ that directs the sheriff to sell the mortgaged premises. The property is exposed to public sale, and on sale and confirmation it is conveyed by deed to the purchaser. The statute does not give homeowners a numbered calendar of days in the pages we reviewed, so check your county sheriff's notice.
Notice of the sale
Section 5065 requires notice posted in at least five of the most public places in each hundred in which the land or any part of it is located. Delaware's counties are split into hundreds, an old administrative unit. Ask the sheriff's office for the date, time and place. Do not rely on a flyer from an unknown company.
What the purchaser gets
Section 5066 says the purchaser holds the land discharged from all equity of redemption and from all other encumbrances made by the mortgagor. We unpack that in a separate guide. The practical point is that a sheriff sale can be final, so options must be used before it happens.
Use the time before the sale
You can still sell, negotiate or pursue a program until the property is sold. Gather a payoff statement, ask a housing counselor for help and talk to a Delaware attorney about your options. This page is general information and not legal advice.
Selling for cash instead
A sheriff sale date can shrink the time for repairs, so some owners prefer to sell as-is. Kaizen Home Buyers is one option to compare. We pay cash, buy as-is and charge no agent commission, so you do not fix anything first. We can send an offer within 24 hours and close in 14 to 30 days or on your schedule. Call 267-329-0084.