2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 49. EXECUTIONS › Subchapter XI. Scire Facias on Mortgage › § 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].

§ 5062A. Loss mitigation affidavit required [Expires Jan. 1, 2025, under the terms of subsection (e) of this section].
(a) In connection with any mortgage foreclosure action brought under § 5061 of this title with respect to an owner-occupied 1- to 4-family primary residential property, unless the mortgage is held by the seller of the subject property who does not hold more than 5 such mortgages, the defendant must have an opportunity to apply for relief under a federal loss mitigation program for which the defendant may be eligible including, but not limited to, the Home Affordable Modification Program, the Second Lien Modification Program, the Home Affordable Unemployment Program, and the Home Affordable Foreclosure Alternatives Program, together with any proprietary loss mitigation programs offered by the plaintiff for which defendant may be eligible. A plaintiff in a mortgage foreclosure action may establish that it provided a defendant with the opportunity to apply for relief contemplated by this paragraph if, for example, the plaintiff provides the defendant with a list of the applicable loss mitigation programs in which the plaintiff participates and instructions for how to initiate an application for each such program, which list and instructions may be included in the notice of intent to foreclose required by § 5062B of this title.
(b) No judgment may be entered in any mortgage foreclosure action brought under § 5061 of this title with respect to an owner-occupied 1- to 4-family primary residential property, and no owner-occupied 1- to 4-family primary residential property that is the subject of a judgment of foreclosure that has not gone to sheriff's sale as of January 19, 2012, may be sold at sheriff's sale, unless the plaintiff has filed a fully executed affidavit asserting:
(1) That the defendant has been provided with the opportunity to apply for relief under any loss mitigation program for which the defendant may be eligible, as described in subsection (a) of this section, and
(2) That the loan secured by the mortgage for which plaintiff seeks foreclosure is:
a. Not subject to a loss mitigation program; or
b. Is ineligible for any applicable loss mitigation program due to the defendant's failure to apply, or failure to provide required information, or failure to complete the requirements of the program; or
c. Is determined by the plaintiff to be otherwise ineligible for any applicable loss mitigation program.
(c) If an affidavit required by subsection (b) of this section is false with respect to the accuracy of any statement required by paragraphs (b)(1) and (b)(2) of this section, the foreclosure action shall be dismissed by the court without prejudice and a complaint may be refiled by the plaintiff, but no fees or other costs shall be charged to the defendant in connection with the dismissed action.
(d) This section applies to the following mortgage foreclosure actions:
(1) Actions filed on or after January 19, 2012, and before January 1, 2025.
(2) Actions pending in the Superior Court on January 19, 2012, which have not gone to judgment or sale.
(e) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly.
78 Del. Laws, c. 199, §  1;  82 Del. Laws, c. 30, § 4;