Delaware · money left over after a foreclosure sale
The county Sheriff's Office after the Sheriff's sale, then the Prothonotary of the Superior Court
Not researched yet — ask the clerk
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.
Ask the clerk for the deadline.
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)
$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.
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.