Delaware handles mortgage foreclosure through the courts. The statute provides for a writ of scire facias on the mortgage, followed by a public sale that is confirmed before a deed passes to the purchaser. A recorded mortgage becomes a lien from the time of recording, and the state's mechanics' lien chapter extends lien rights to anyone who furnished labor or material, which is worth keeping in mind on construction draws. Delaware's environment agency also points to additional sea level rise by midcentury.
World's Fair Capital makes business purpose loans to real estate investors in Delaware: fix and flip, DSCR rental, bridge and ground-up construction. This page covers points that most often matter to an investor there, each checked against the statute or agency that publishes it. It is general information, not legal or tax advice, and terms for any loan are set at underwriting.
Prepared by the WFC editorial team. Facts checked against the cited sources, last reviewed 2026-10-11.
Which describes you?
How a Delaware loan works with us
- 1Start your application
Fill out a short application in our secure portal.
- 2Review the term sheet
We prepare a term sheet for you to review and e-sign.
- 3Underwriting
Our team works the file and sends a clear document checklist.
- 4Closing
We close and fund through the title or closing agent.
What investors should know about Delaware
Foreclosure runs through the courts
Delaware mortgage foreclosure starts with a writ of scire facias, a court process in which the mortgagor is called to show cause why the premises should not be seized.
Source: 10 Del. C. 5061, checked 2026-10-11
Public sale and confirmation
After judgment, the mortgaged premises are sold at public sale and, once the sale is confirmed, conveyed by deed to the purchaser.
Source: 10 Del. C. 5065, checked 2026-10-11
Recorded mortgage priority
Under 25 Del. C. 2106, a recorded mortgage becomes a lien from the time of recording, not before.
Source: 25 Del. C. 2106, checked 2026-10-11
Who can claim a mechanics' lien
Delaware's mechanics' lien chapter gives lien rights to people who furnish labor or material, which matters when a construction project is drawing funds.
Source: 25 Del. C. 2702, checked 2026-10-11
Sea level rise
Delaware's environment agency says projections show more sea level rise by midcentury, relevant to coastal properties.
Source: Delaware DNREC, checked 2026-10-11
General information, not legal or tax advice. Confirm details with your own counsel or title agent.
For brokers
Placing a deal in Delaware?
Your client stays your client. We work the deal with you, not around you.
Your compensation is written into the Letter of Intent your client reviews and e-signs, before underwriting begins.
Register in the portal to submit deals online, use program sheets and calculators, and track every file.
Questions on a Delaware deal? Call 800-590-7911 (Mon–Fri 8:00 AM – 5:00 PM EST).
What to send for a first look
- Property address and type
- Purchase price, or current value on a refinance
- Loan amount requested and what it is for
- Rehab or construction budget, if any
- Current or expected rent on a rental
- The borrower's experience and estimated credit score
- Your timeline to close
Loan programs for Delaware investors
- Hard Money Loans
- Fix & Flip Loans
- Rental / DSCR Loans
- Ground-Up Construction Loans
- Commercial Bridge Loans
- Multifamily Bridge Loans
- Small Balance Commercial Loans
- Foreign National Loans
- FlexCap Business Bridge Loans
Program availability varies by property and borrower. Business purpose loans only.
Have a deal in Delaware?
Call 800-590-7911 (Mon–Fri 8:00 AM – 5:00 PM EST) or start online.
Nothing on this website constitutes a commitment, approval, or guarantee of financing.
Rates, fees, terms, timelines, and program descriptions are subject to change without notice.
Any investor-related or capital discussion is not an offer to sell, a solicitation to buy, or a recommendation of any security or investment product.