Delaware · money left over after a foreclosure sale

You can claim it yourself, no finder needed

Who holds it

The county Sheriff's Office after the Sheriff's sale, then the Prothonotary of the Superior Court

How long

Not researched yet — ask the clerk

How you claim

Ask the Sheriff's Office about excess proceeds right after the sale. If the money has moved to the Prothonotary, file a Project Rightful Owner petition in Superior Court.

If someone offers to do it for you

Checklist: Delaware, money left over after a foreclosure sale

Who holds it: The county Sheriff's Office after the Sheriff's sale, then the Prothonotary of the Superior Court

How long: Not researched yet — ask the clerk

How you claim: Ask the Sheriff's Office about excess proceeds right after the sale. If the money has moved to the Prothonotary, file a Project Rightful Owner petition in Superior Court.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Contact the county Sheriff's Office after the sale.
  2. If funds are with the Prothonotary, find your listing on Project Rightful Owner.
  3. E-file the petition with documents, a title search and a paper copy.
  4. Serve others with an interest; once you prove entitlement you get interest from the transfer date.

Documents

What it costs you

$75 e-filing fee (waived if the proceeds are $1,000 or less). The court also requires a title search as of the sale date, prepared within 60 days, which it estimates at about $100.

If someone offers to do it for you

Official links

Source: 10 Del. C. § 5061; 10 Del. C. § 5065; 10 Del. C. § 5067; 10 Del. C. § 4986; 10 Del. C. § 4985. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.