Short answer
It is the court writ Delaware lenders use to foreclose. Under 10 Del. C. section 5061 the mortgagee sues out a writ after the last day the mortgage money was due, and the owner is told to appear and show cause why the property should not be seized and sold. It is a deadline-driven court case.
What the writ is
Delaware uses a form of foreclosure that starts with a writ called scire facias sur mortgage. Section 5061 allows the mortgagee to sue it out after the last day the mortgage money ought to have been paid. The writ tells the mortgagor to appear before the court to show cause why the property should not be seized. The word scire facias is Latin for making someone aware, and the lawyer reading it is not trying to confuse you.
What you should do when you are served
Do not set the papers aside. The writ is a lawsuit. Read the deadline on the paperwork, and contact an attorney, legal aid or a HUD-approved housing counselor as soon as it arrives. If the property is owner-occupied with one to four units, a separate mediation process also runs, which we explain in a separate guide.
What follows judgment
If the court enters judgment, the process moves toward a sheriff sale. Section 5064 describes the court awarding a levari facias, and section 5065 requires notice of the sale to be posted in at least five of the most public places in each hundred in which the land lies. After sale and confirmation, the property is conveyed by deed to the purchaser.
Selling before it gets there
A house can often be sold before judgment and sale, but timing is tight. Payoff amounts rise with fees. Ask the lender for a payoff statement in writing and ask your attorney what the court calendar looks like in your county. This page is general information and not legal advice.
Selling for cash instead
Once you are served, calendar space is limited, and a quick sale may be worth pricing alongside other choices. 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.