New Castle County, Delaware
"The First County in the First State"
County Home >Sheriff's Office

Sheriff's Office

Michael P. Walsh
New Castle County Sheriff

Deeding of Properties after Sheriff Sale

It is the policy of the Sheriff's Office to encourage the high bidder of a real estate foreclosure sale to deed the property purchased within a reasonable amount of time.  Therefore, any real estate purchased at a Sheriff Sale and not deeded within 6 months after confirmation will result in a return of the Superior Court Writ indicating that the property was purchased, paid for but not deeded. The accumulated transfer tax will be capitulated to the State, and/or County, and/or City, and/or Town.
The high bidder acquires an equitable interest in the property as soon as the bid is accepted. The high bidder's legal responsibility to maintain the property is not diminished by this policy.

Responsibilities and Primary Functions

Service of Process - The Office of Sheriff provides service of process for writs issued by Superior Court, Court of Common Pleas, Court of Chancery and Family Court along with Subpoenas issued by the Department of Justice, Department of Labor as well as out-of-state courts.
 
Auction of Real Estate - Sheriff sales are held the second Tuesday of every month. The auctions offer Real Estate that is being foreclosed upon due to nonpayment of mortgage or nonpayment of various local government taxes.
 
Auctions are held in the County Council Chambers on the ground floor of the City/County Building: 800 North French Street, Wilmington, DE 19801.
 
Auction of Personal / Business Property(Goods And Chattels) - Held several times during the month at the property locations. Sales are held offering personal or business property foreclosed upon for personal or business debt.
 
Prisoner Detention And Transportation - Defendants are delivered to the Sheriff for outstanding warrants for either failure to appear in court or failure to pay fines. Deputies process these defendants who have been committed by the courts.

Excess Proceeds

Lien holders and Homeowners are expected to contact the Office of the Sheriff  to determine whether proceeds remain after the costs of the sale have been distributed. If excess proceeds remain unclaimed after 90 days, they will be distributed to the Prothonotary of NCC for placement in escrow and listing on the Superior Court of New Castle County website.
 
Superior Court (excess proceeds) - www.rightfulowner.delaware.gov