Not legal, tax, or investment advice. Data comes from public sources and may be incomplete or out of date; confirm with the county before bidding.

Delaware

DE

The investor buys a deed to the property, but the former owner keeps a window to redeem and reclaim title.

Sale type

Redeemable deed

Redemption

12 mo

Interest / penalty

Flat rate · 20%

Sale timing

Varies

Rules in plain English

Sale type

Redeemable deed

The investor buys a deed to the property, but the former owner keeps a window to redeem and reclaim title.

9 Del. C. § 8776

“no deed shall be made until the expiration of 1 year from the time of sale”
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Redemption period

12 mo

12 months (1 year) from the sale date

9 Del. C. § 8776

“within which time the owner, the owner’s heirs, executors or administrators may redeem the lands on payment to the tax collecting authority of the costs, the amount of the purchase money, and 20 percent interest thereon”
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Interest / penalty

Flat rate · 20%

20% flat.

9 Del. C. § 8776

“the amount of the purchase money, and 20 percent interest thereon, and expenses of the deeds”
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Bid method

Highest bid

The parcel or lien goes to the highest bidder at auction.

9 Del. C. § 8772 (public sale); § 8726 (successful/final bid)

“All sales shall be made at the courthouse door and the handbills and advertisement shall contain the day, hour, place of sale, and a short description of the property to be sold.”
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Sale schedule

Varies

Sale timing varies by county.

9 Del. C. § 8772

“by publishing the notice or advertisement of sale in a newspaper of the county at least 1 issue before the day fixed for the sale”
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Redemption detail

Base period
12 months (1 year)
Starts from
the sale date
Notice days
Not documented
Exceptions
Not documented

Bidder process

  1. 01Determine which method applies: the monition method of sale under Subchapter II or the sale of land for delinquent taxes in Kent and Sussex Counties under Subchapter IV (9 Del. C. ch. 87)
  2. 02Under the monition method, the tax collecting authority files a praecipe and the prothonotary issues a monition to the sheriff; after the sheriff's return, a writ of venditioni exponas commands the sheriff to sell the property (9 Del. C. § 8725(a))
  3. 03If the county so provides in the notice, certify to the county governing body before bidding that you (and your affiliated entities) do not own real property in the county with amounts past due over $1,000 or vacant at least 18 consecutive months without a valid building permit or pending land use application, and obtain the county's certificate to present to the sheriff before the sale (9 Del. C. § 8726(b)-(c))
  4. 04Bid at the sheriff's public sale; the department of finance or the chief county financial officer may approve or disapprove the final bid (9 Del. C. § 8726(a))
  5. 05For a Kent or Sussex County sale under Subchapter IV, bid at the courthouse door at the advertised day, hour, and place (9 Del. C. § 8772(a))
  6. 06The sale is returned to the Superior Court, which approves it or sets it aside (9 Del. C. § 8731; § 8773)
  7. 07The owner may redeem within 60 days of the Court's approval on payment of the purchase price plus 15 percent and costs (Subchapter II) or within 1 year of the sale on payment of the purchase money plus 20 percent interest (Subchapter IV); once redemption expires, the purchaser petitions for a deed and pays the cost of the deed (9 Del. C. §§ 8729, 8776, 8778(c))
Registration
Yes
Registration mode
in_person
Registration deadline
the county-generated certificate must be presented to the sheriff prior to the sale, and the sheriff requires it prior to registering any bidder (9 Del. C. § 8726(c))
Registration fee
Not documented
Deposit required
Not documented
Deposit amount
Not documented
Deposit percent
Not documented
Deposit refundable
Not documented
Sale format
in_person
Payment deadline
Not documented
Payment methods
unknown
Residency required
Not documented
  • A certificate generated by the county that the bidder must present to the sheriff before the sale, when the county requires bidder certification (9 Del. C. § 8726(c))
  • If the notice so indicates, the county may require a bidder, before any bid, to certify that the bidder (directly or through affiliated entities) does not own real property in the county with amounts past due over $1,000 under 25 Del. C. § 2901(a) or that has been vacant at least 18 consecutive months without a valid building permit or pending land use application (9 Del. C. § 8726(b))
  • 501(c)(3) organizations and community development corporations meeting the stated conditions are exempt from the certification requirement (9 Del. C. § 8726(b))

9 Del. C. § 8726(a)

“The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove the final bid at a sale made by the sheriff under this subchapter for any public purpose or reason”
official source ↗

9 Del. C. § 8726(b)

“the county governing body may require that bidders at a sheriff sale, prior to any bid, certify to the county governing body that such bidder, either directly or through any affiliated entities, does not own any interest in any real property in such county that: (1) Has amounts past due identified in § 2901(a) of Title 25, in excess of $1,000; or (2) Has been vacant for at least 18 consecutive months and such property is not subject to a valid building permit or a pending land use application.”
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9 Del. C. § 8726(c)

“The county shall generate a certificate that the bidder shall present to the sheriff prior to the sale, and the sheriff shall require presentation of such certificate prior to registering any bidder.”
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9 Del. C. § 8725(a)

“a writ of venditioni exponas shall issue out of the office of the prothonotary directed to the sheriff commanding the sheriff to sell the property mentioned or described in the writ”
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9 Del. C. § 8729

“The owner of any such real estate sold under this subchapter or the owner’s legal representatives may redeem the same at any time within 60 days from the day the sale thereof is approved by the Court, by paying to the purchaser or his or her legal representatives, successors or assigns, the amount of the purchase price and 15 percent in addition thereto, together with all costs incurred in the cause”
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9 Del. C. § 8731

“Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.”
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9 Del. C. § 8772(a)

“All sales shall be made at the courthouse door and the handbills and advertisement shall contain the day, hour, place of sale, and a short description of the property to be sold.”
official source ↗

9 Del. C. § 8776

“no deed shall be made until the expiration of 1 year from the time of sale, within which time the owner, the owner’s heirs, executors or administrators may redeem the lands on payment to the tax collecting authority of the costs, the amount of the purchase money, and 20 percent interest thereon, and expenses of the deeds.”
official source ↗

9 Del. C. § 8778(c)

“The cost of the deed shall not be chargeable as costs, but shall be paid by the purchaser.”
official source ↗

Notes

Kent/Sussex (Subchapter IV); New Castle County uses the monition method (Subchapter II). | Prose: redeemable deed | 20% interest on the purchase money | 1 year | public sale at the courthouse door; successful bidder | varies by county (date fixed by county sale notice)