Delaware Scire Facias Mortgage Foreclosure Answer
DELAWARE SCIRE FACIAS MORTGAGE FORECLOSURE ANSWER
Before you use this: This answers a Superior Court lawsuit seeking foreclosure of the mortgage identified in the complaint. It does not answer an informal collection letter. Use the exact case caption and docket number on the served papers. An ordinary answer is generally due for service within 20 days under Superior Court Civil Rule 12(a); Rule 5(d) requires filing within a reasonable time after service. For an action subject to the Automatic Residential Mortgage Foreclosure Mediation Program, 10 Del. C. § 5062D(c) protects an answer filed by the scheduled mediation conference date. Check the summons, any court order, and whether the action is covered before calculating your deadline.
If the complaint's face specifically requires an answer by affidavit under Rule 3(b), follow Rule 12(a)'s affidavit-of-defense procedure and seek counsel before filing. If you contest a signature on an instrument filed with the complaint, Rule 8(dd) requires an affidavit served with the answer. This form does not supply that affidavit.
For a covered owner-occupied primary home, the statute separately provides a foreclosure mediation process. A defendant seeking to participate must meet with a HUD-approved housing counselor and file the official Certificate of Participation within 30 days after service of the mediation notice; the answer does not replace that certificate. See 10 Del. C. § 5062C(e)(1).
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR [COUNTY] COUNTY
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
C.A. No.: [CASE NUMBER]
Defendant's answer to complaint for scire facias sur mortgage
Defendant [NAME] answers the complaint as follows. Address every numbered allegation and every incorporated exhibit. Admit the true part of a partly true allegation and deny the rest. If, after reasonable inquiry, you lack enough information to form a belief, say so. Delete the example rows and use the complaint's actual paragraph numbers.
| Complaint paragraph | Response | Detail for any partial response |
|---|---|---|
| [1] | [ADMIT / DENY / ADMIT IN PART / LACK KNOWLEDGE OR INFORMATION SUFFICIENT TO FORM A BELIEF] | [SPECIFY TRUE AND DISPUTED PARTS, IF NEEDED] |
| [2] | [RESPONSE] | [DETAIL OR NONE] |
| [ADD EACH REMAINING PARAGRAPH] | [RESPONSE] | [DETAIL OR NONE] |
Defenses arising from the mortgage
Keep only defenses supported by facts and records. A Delaware scire facias mortgage case permits payment, satisfaction, and avoidance defenses tied to the mortgage; unrelated counterclaims generally do not belong in this answer. See Lakeview Loan Servicing, LLC v. Frederick, C.A. No. N25L-09-015 CLS, slip op. at 5–6 (Del. Super. Aug. 10, 2026).
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Payment or satisfaction, if supported. Plaintiff's alleged mortgage balance fails to credit [PAYMENT, DATE, AMOUNT, RECORD], or the mortgage obligation was satisfied by [SPECIFIC FACTS AND RECORD]. The balance or default allegation is disputed to the extent [AMOUNT OR FACTUAL BASIS].
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Condition or notice tied to the mortgage, if supported. The mortgage at section [NUMBER] requires [IDENTIFY CONDITION OR NOTICE] before the claimed remedy. Plaintiff did not satisfy it because [SPECIFIC FACTS AND RECORD].
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Statutory notice for a covered residence, if supported. This is an owner-occupied, one- to four-family primary residential property subject to 10 Del. C. § 5062B(a), and no statutory exception applies. Plaintiff did not send the notice of intent to foreclose in the required form and manner at least 45 days before filing because [SPECIFIC FACTS, DATES, AND RECORD].
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Other mortgage-based avoidance, if supported. [STATE THE PARTICULAR MORTGAGE DOCUMENT, LEGAL GROUND, AND FACTS; OTHERWISE DELETE].
Request for relief
Defendant asks the Court to deny foreclosure insofar as Plaintiff has not established its claim, account for proven payments and credits, consider the defenses pleaded above, and grant relief supported by the record and applicable law.
Dated: [__/__/____]
Signature: [SIGNATURE]
Printed name and role: [NAME; DEFENDANT OR ATTORNEY]
Address: [MAILING ADDRESS]
Telephone: [NUMBER]
Email: [EMAIL]
Attorney identification, if applicable: [NUMBER]
Certificate of service
I certify that on [__/__/____], I served this answer on [PLAINTIFF'S ATTORNEY, OR PLAINTIFF IF UNREPRESENTED] by [ACTUAL METHOD AUTHORIZED BY RULE 5 OR COURT ORDER] at [SERVICE ADDRESS OR DESTINATION].
Signature: [SIGNATURE]
Official sources
About this template
- Last updated
- November 1, 2026
- Citations checked
- November 1, 2026
- Jurisdiction
- Delaware
- Category
- Real Estate
Legal authority
- 10 Del. C. § 5061(a)
- 10 Del. C. § 5062B(a)
- 10 Del. C. § 5062C(e)
- 10 Del. C. § 5062D(c)
- Del. Super. Ct. Civ. R. 3(b), 5(b), (d), 8(b)-(d), (dd), 10(a)-(b), 11(a), 12(a)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 1, 2026.
10 Del. C. § 5061(a) (checked November 1, 2026): "upon breach of the condition of a mortgage of real estate by nonpayment of the mortgage money or nonperformance of the condition stipulated in such mortgage"
10 Del. C. § 5062B(a)(1) (checked November 1, 2026): "a mortgage foreclosure action may not be filed until 45 days after a notice of intent to foreclose is sent"
10 Del. C. § 5062C(e)(1) (checked November 1, 2026): "A defendant shall meet with a HUD-approved housing counselor and file a Certificate of Participation no more than 30 days from the date the notice of foreclosure mediation was served"
10 Del. C. § 5062D(c) (checked November 1, 2026): "no answer to a complaint in a mortgage foreclosure action subject to the Automatic Residential Mortgage Foreclosure Mediation Program shall be deemed untimely if it is filed on or before the date of any scheduled mediation conference"
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