Foreclosure · DE

How fast must I act to join Delaware foreclosure mediation?

A plain-language answer for Delaware homeowners, with the official sources listed below. Reviewed October 2026.

Short answer

Quickly. Section 5062C says the homeowner must file a Certificate of Participation no more than 30 days after the notice of foreclosure mediation was served. The conference is set between 45 and 75 days after service, and a financial proposal is due at least 14 days before it.

The 30-day deadline

Under section 5062C of the Delaware Code, the defendant must file a Certificate of Participation no more than 30 days from the date the notice of foreclosure mediation was served. That is the clock to watch. If the papers arrive with the complaint, mark the service date on a calendar and ask a counselor to review the form the same week.

When the conference happens

The statute sets the mediation conference not less than 45 days and not more than 75 days after the notice was served. The homeowner must meet with a HUD-approved housing counselor and give a financial proposal at least 14 days before the conference. The lender must appear in person with settlement authority and send a document checklist at least seven days before, along with an updated itemization of fees and costs.

What happens to the case meanwhile

Section 5062C says no judgment may be entered in an action subject to the section until the day after the date set for the mediation conference. That gives a window, but not a pause on interest, fees or taxes. The Attorney General's page does not state whether the case is otherwise stayed, so ask your attorney how your county handles it.

Make a backup plan

Even with mediation, build a second path. Get a payoff figure, gather your documents and learn what a sale would net. This page is general information and not legal advice. Use the program hotline at (800) 220-5424 listed by the Attorney General's office if you need help finding a counselor.

Selling for cash instead

A calendar this tight leaves little room for repairs, showings and open houses. Kaizen Home Buyers buys houses for cash, as-is, with no repairs and no agent commission. We can make an offer within 24 hours and close in 14 to 30 days, or on the date you choose. Call 267-329-0084.

Sources

General information, not legal or tax advice. Rules change; confirm details with the office or a professional.

  1. Delaware Code Title 10, Chapter 49, Subchapter XI, Mortgages (sections 5061 to 5067, including 5062B and 5062C) (Delaware General Assembly, current Delaware Code)
  2. Delaware Automatic Residential Mortgage Foreclosure Mediation Program (Delaware Department of Justice, Attorney General, current page, quarterly reporting through 2025)
  3. Kaizen process steps (Kaizen Home Buyers, 2026-10-23)

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