Delaware House Bill 76 and Administrative Directive 2017-6

On July 17, 2017, Delaware passed into law House Bill 76, which extends the Office of Foreclosure Prevention and Automatic Residential Foreclosure Mediation Program an additional two years, from the previous sunset date of January 18, 2018 until January 18, 2020.  This means that any Delaware foreclosure action filed on or before January 18, 2020 in the Superior Court on a 1-4 family, owner occupied, primary residence will be subject to the current mandatory mediation program.

The Superior Court of Delaware further incorporated this bill into Administrative Directive number 2017-6, and extended their directives for the mediation program through the new January 18, 2020 sunset date.

It is important to note that the mediation conference will be cancelled if the defendant files for bankruptcy prior to the entry of judgment. This is because the automatic stay will come into effect and stop the foreclosure. However, if the automatic stay is terminated, the parties can schedule a new mediation conference. The Program Administrator will designate an individual to act as the mediator. If necessary, more than one mediator can assist in the Mediation Program. You may also have legal representation throughout the Mediation Program.

When you go to the mediation conference, you will need to bring a number of documents with you including bank statements from the last 3 months, 30 days worth of pay stubs, tax returns for the last 2 years, utility bills, proof of additional income, among many others.

If you have been required to participate in Delaware’s Automatic Residential Foreclosure Mediation Program and need experienced legal representation, contact MWM’s Creditor’s Rights Group today.