Delaware law

Real Estate Laws in Delaware.

Delaware real-estate law runs primarily through Title 25 of the Delaware Code. Delaware is a judicial-foreclosure state that uses a distinctive scire facias sur mortgage procedure in the Superior Court to enforce mortgages, with strict procedural rules that affect how lenders and borrowers resolve default.

Last verified: 2026-04-17

State law

Key Delaware Statutes

Delaware Property Code25 Del. C.

Title 25 is Delaware’s main property statute, covering conveyances, liens, recording, landlord-tenant, and related property issues.

Scire Facias sur Mortgage Foreclosure10 Del. C. § 5061

Delaware requires judicial foreclosure through a scire facias sur mortgage proceeding in Superior Court, with specific statutory procedures that differ from many other states.

State law

Official Sources

Delaware Code Online

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

Next step

Move from state law into guided help or attorney search.

If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in Delaware.

Get guided help Browse Real Estate Law attorneys

Real Estate Laws in Delaware.

Key Delaware Statutes

Official Sources

Not Legal Advice

Move from state law into guided help or attorney search.

Other state law topics.