DE HB57

Requires a 45-day notice period before filing a mortgage foreclosure action on owner-occupied one-to-four family residential properties, with exceptions for abandoned properties, voluntary surrenders, or post-bankruptcy defaults.

Mandates that foreclosure notices include information about loss mitigation programs (including federal programs like Home Affordable Modification Program), Delaware Emergency Mortgage Assistance Program (DEMAP) resources, reinstatement options, default details, and approved housing counseling agencies in English and Spanish.

Requires plaintiffs to file an affidavit before judgment or sale confirming the defendant was offered opportunity to apply for loss mitigation programs and that the loan is ineligible or the defendant failed to apply.

Requires plaintiffs to provide a 12-month accounting of mortgage payments and their allocation to principal, interest, attorney fees, and other charges with certification of accuracy.

Dismisses foreclosure actions without prejudice and without charging defendant fees if the defendant was not provided loss mitigation opportunities or if the required affidavit contains false statements; allows complaint to be refiled.