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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: How long do I have in Delaware? Posted by Ward-CA- on June 22, 2001 at 8:09 PM In Reply to: how long do i have posted by christine on June 22, 2001 at 10:54 AM : hi , this is kind of a differant sistuation .. i was married and then divorced and in the divorce agreement i am to live in the house till feb 2002.as per our divorce agreement , but he keeps threating to let the house forclose .. he hasnt made a payment since april 24,2001 i live in delaware ....and i am scared that one day i will come home to find my door locked and the mortage company taking all my stuff inside .. what can i do if anything to try and stop it ..and if he continues not to pay how long would i have in the house ????? please any help you can give me would be great i have two big dogs and its not that easy to find another place real quick . =•=•=•=•=•=•=•=•=•=•=•=•= Christine, most lenders will let 3 months of no payments go by before they initiate a foreclosure. Then in Delaware it will take their lawyer about 30 days to file a Complaint. Then the Sheriff will come out to serve a summons (“Writ of Praecipe”) from the Prothonotary. If the defendant can’t be found in 20 days in order to serve the summons then service will be done via certified mail and regular mail. The property will also be posted with a “Writ of Alias Praecipe”. A default judgment will be taken about 50 days later. The Sheriff will come out again to post the notice of the Sheriff’s sale about 50 days later. Thirty days after that the sale will take place. Then a letter to vacate will be sent requiring you to vacate within 20 days. Seems to me that you’ll have plenty of time to stay and will be provided a number of clues when the fateful final day arrives. I would think it would be a good idea to stay in close contact with the Sheriff conducting the sale. He knows better than anyone else when you have to actually leave. Good luck Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : hi , this is kind of a differant sistuation .. i was married and then divorced and in the divorce agreement i am to live in the house till feb 2002.as per our divorce agreement , but he keeps threating to let the house forclose .. he hasnt made a payment since april 24,2001 i live in delaware ....and i am scared that one day i will come home to find my door locked and the mortage company taking all my stuff inside .. what can i do if anything to try and stop it ..and if he continues not to pay how long would i have in the house ????? please any help you can give me would be great i have two big dogs and its not that easy to find another place real quick . : =•=•=•=•=•=•=•=•=•=•=•=•= : Christine, most lenders will let 3 months of no payments go by before they initiate a foreclosure. Then in Delaware it will take their lawyer about 30 days to file a Complaint. Then the Sheriff will come out to serve a summons (“Writ of Praecipe”) from the Prothonotary. If the defendant can’t be found in 20 days in order to serve the summons then service will be done via certified mail and regular mail. The property will also be posted with a “Writ of Alias Praecipe”. A default judgment will be taken about 50 days later. : The Sheriff will come out again to post the notice of the Sheriff’s sale about 50 days later. Thirty days after that the sale will take place. Then a letter to vacate will be sent requiring you to vacate within 20 days. : Seems to me that you’ll have plenty of time to stay and will be provided a number of clues when the fateful final day arrives. : I would think it would be a good idea to stay in close contact with the Sheriff conducting the sale. He knows better than anyone else when you have to actually leave. : Good luck Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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