Delaware Property Records — All 3 Counties
Judicial Foreclosure, Realty Transfer Tax, Court of Chancery, Entity Ownership & Attorney Closings in the First State — From Our Dover, DE Headquarters
U.S. Title Records is headquartered in Dover, Delaware — and our home state's property record system carries unique legal instruments that demand local expertise. Mortgages — not deeds of trust — with judicial foreclosure exclusively through Superior Court. Delaware retains the traditional scire facias proceeding — a writ directing the mortgagor to show cause why the mortgage should not be foreclosed. Sheriff's sales conducted by the county sheriff after judicial judgment. A realty transfer tax of approximately 4% (combined state and county) — among the highest in the nation. The City of Wilmington adds an additional 1.5%, bringing the total to approximately 5.5%. The Court of Chancery — world-renowned for corporate law — also handles real property equity matters including partition, quiet title, specific performance, and trust administration. Over 1.8 million legal entities registered with the Delaware Division of Corporations — making LLC and corporate entity ownership of real property extremely common. Tenancy by the entirety for married couples providing creditor protection. Mechanic's liens filed with Superior Court (not the Recorder of Deeds — unusual nationally). Agricultural preservation easements running permanently with the land. Sussex County resort communities (Rehoboth Beach, Dewey, Bethany) with seasonal occupancy, flood zones, and manufactured housing on leased land. Attorney-closing state throughout. Only 3 counties — the fewest of any state — each with its own Recorder of Deeds and County Assessment Office. Same-day turnaround from our Dover office.
Order DE Property Search — From $29🔍 Quick Answer: How Do I Search Delaware Property Records?
Delaware records are maintained by the Recorder of Deeds (recorded documents — warranty deeds, mortgages, satisfactions, assignments, liens) and the County Assessment Office (assessed value, property characteristics) in each of Delaware's 3 counties: New Castle, Kent, and Sussex. Superior Court handles foreclosure and mechanic's lien filings. The Court of Chancery handles equity matters. For professional searches from our Dover headquarters, order through U.S. Title Records — from $29 with same-day delivery.
Judicial Foreclosure, Scire Facias & Delaware's Mortgage-Only System
Delaware uses mortgages — not deeds of trust — and all foreclosures are judicial, processed through Superior Court. There is no power of sale in Delaware. The lender files a foreclosure complaint in Superior Court, and the court enters a judgment after considering the borrower's defenses. Delaware also retains the traditional scire facias proceeding — a writ directing the mortgagor to show cause why the mortgage should not be foreclosed. This ancient legal mechanism remains available in Delaware alongside modern judicial foreclosure. After the court enters judgment, the county sheriff conducts a public sale. A sheriff's deed is recorded with the Recorder of Deeds after the sale is confirmed. Deficiency judgments are available in Delaware — the lender may pursue the borrower for any amount remaining after the sale proceeds are applied. A satisfaction of mortgage must be recorded with the Recorder of Deeds when the loan is paid. Foreclosure timelines in Delaware typically range from 6 to 12 months depending on the county and court backlog. A chain of title report traces the complete mortgage chain including sheriff's deeds, satisfactions, and any scire facias proceedings.
Mortgages only (no deeds of trust). Judicial foreclosure through Superior Court. Traditional scire facias proceeding still available. No power of sale. Sheriff's sale after judgment → sheriff's deed at Recorder of Deeds. Deficiency judgments available. Satisfaction must be recorded. A lien report ($95) identifies active foreclosure filings across 3 counties.
Delaware is an equitable distribution state — not a community property state. Property acquired during marriage is divided equitably (not necessarily equally) by the Family Court upon divorce. Delaware recognizes tenancy by the entirety for married couples — property held as tenants by the entirety cannot be reached by creditors of only one spouse and passes automatically to the surviving spouse without probate. Joint tenancy with right of survivorship and tenancy in common are also available. Tenancy by the entirety property requires both spouses' signatures for any conveyance. Delaware does not currently have a transfer on death (TOD) deed statute. Our deed types guide explains Delaware instruments including warranty deeds (standard — full covenants), special warranty deeds (covenants limited to grantor's ownership period), quitclaim deeds, executor's deeds, administrator's deeds, and sheriff's deeds.
Equitable distribution state (not community property). Tenancy by the entirety: married couples' property shielded from one spouse's creditors. Passes without probate. Both spouses must sign. No TOD deed in DE. Warranty deeds + special warranty = standard. A chain of title ($275) verifies vesting, tenancy by entirety, and satisfaction history.
Realty Transfer Tax (~4%), Court of Chancery & Delaware's Entity Ownership
Delaware's realty transfer tax is among the highest in the nation. The combined rate is approximately 4% of the consideration: 2.5% state tax plus 1.5% county tax. The tax is typically split between buyer and seller (approximately 2% each), though the allocation is negotiable. First-time homebuyers may qualify for a reduced state rate on a portion of the purchase price. The City of Wilmington imposes an additional city transfer tax of 1.5%, bringing the total in Wilmington to approximately 5.5%. On a $400,000 sale, the standard realty transfer tax is approximately $16,000 — in Wilmington, approximately $22,000. The transfer tax stamp is affixed to the deed before recording with the Recorder of Deeds. Delaware has no sales tax, making the realty transfer tax an especially significant revenue source. Our title search cost guide covers Delaware transaction costs.
Transfer tax: ~4% (2.5% state + 1.5% county). Among highest nationally. Split negotiable. Wilmington: +1.5% city = ~5.5% total. $400K sale = ~$16,000 (standard) / ~$22,000 (Wilmington). First-time buyers: reduced rate available. No sales tax state. Stamp affixed to deed at Recorder of Deeds. A copy of deed ($45) shows transfer tax paid.
The Delaware Court of Chancery is a court of equity with jurisdiction over real property disputes including partition actions, specific performance of purchase contracts, quiet title actions, trust administration, and equitable liens. The Court of Chancery is world-renowned for corporate law — handling disputes for over 60% of Fortune 500 companies incorporated in Delaware — but its equity jurisdiction extends to real property matters requiring equitable rather than monetary remedies. Cases are decided by chancellors (no juries). This court's involvement in property disputes is unique to Delaware. Because Delaware is the incorporation capital of the nation — with over 1.8 million legal entities registered with the Division of Corporations — LLC and corporate entity ownership of real property is extremely common. Delaware LLCs offer privacy (members not disclosed in public records), asset protection, and favorable business law. This creates unique title search challenges: identifying the beneficial owner behind a DE LLC often requires tracing through multiple entity layers. Delaware Statutory Trusts (DSTs) are also widely used for 1031 exchange properties.
Court of Chancery: equity court — partition, quiet title, specific performance, trusts. Chancellors (no juries). World-renowned for corporate law (60%+ Fortune 500). 1.8M+ entities registered. DE LLCs: privacy (members not disclosed), asset protection. DSTs for 1031 exchanges. A chain of title ($275) identifies entity ownership and traces through corporate vesting layers.
Property taxes in Delaware are relatively low compared to neighboring states (New Jersey, Pennsylvania, Maryland). The County Assessment Office determines assessed value. School district taxes represent the largest share of the tax bill. New Castle County has the highest rates in the state. Sussex and Kent counties have lower rates but may have special assessments for sewer, drainage, or beach replenishment. Delaware provides a property tax credit for senior citizens (65+) of up to $500. There is no state property tax — only county, municipal, and school district levies. Delaware also has no sales tax, making property taxes and the realty transfer tax key local revenue sources.
Low property tax vs. NJ/PA/MD neighbors. County Assessment Office determines value. School districts = largest share. New Castle: highest rates. Sussex/Kent: lower, with special assessments (sewer, drainage, beach). Senior credit: up to $500 (65+). No state property tax. No sales tax. A Property Detail ($29) shows assessed value, tax rates, and exemptions.
DE's 3 County Recorders of Deeds — New Castle, Kent & Sussex Directory
U.S. Title Records searches property records in every Delaware county from our Dover headquarters — order your search here or browse our 50-state property records directory.
New Castle County (Wilmington)
New Castle County is Delaware's most populous county and highest-volume recording market. Wilmington — the state's largest city — has the additional 1.5% city transfer tax bringing total transfer taxes to approximately 5.5%. The I-95 corridor features active commercial and residential markets with significant corporate entity ownership (headquarters of major banking, chemical, and pharmaceutical companies). Newark (University of Delaware) and suburban communities along the Pennsylvania border. New Castle County has the highest property tax rates in the state. Attorney closings are standard throughout the county.
New Castle County: highest DE volume. Wilmington: 5.5% total transfer tax (~4% + 1.5% city). I-95 corridor. Significant corporate entity ownership. Highest property tax rates in state. Attorney closings standard. Newark (U of DE). Property Detail Records ($29) same-day for New Castle County.
Kent County (Dover — USTR Headquarters)
Kent County — home to Dover, the state capital, and U.S. Title Records' headquarters at 160 Greentree Drive. Dover Air Force Base is the largest employer, creating frequent military PCS transactions subject to SCRA protections. Kent County features a mix of agricultural land (with active Agricultural Lands Preservation Program enrollment) and suburban development. Lower property tax rates than New Castle County. The Legislative Hall and state government facilities drive steady government employment and housing demand.
Sussex County (Resort Beach Communities)
Sussex County encompasses Delaware's resort beach corridor — Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, and Lewes. These communities feature seasonal occupancy, vacation rental properties, HOA and condo governance, flood zone designations, coastal erosion, and beach replenishment special assessments. Manufactured housing on leased land is common — the homeowner owns the structure but leases the ground, creating split-interest title issues. The western portion of Sussex County is predominantly agricultural with significant Agricultural Lands Preservation Program enrollment — permanent conservation easements that restrict development and run with the land. Sussex County has experienced rapid growth as a retirement and second-home destination.
Sussex County: Rehoboth, Dewey, Bethany, Fenwick, Lewes. Seasonal/vacation rental, HOA/condo, flood zones, beach replenishment assessments. Manufactured housing on leased land = split-interest title. Western Sussex: agricultural preservation easements (permanent, run with land). Rapid growth. An expanded title search ($295) covers ag preservation, flood zones, and leased-land status.
DE Mechanic's Liens, Tax Sale Monitions & the Superior Court
Delaware mechanic's liens under Title 25 Chapter 29 are filed in a manner that is unusual nationally. A lien claimant must file a Statement of Claim with Superior Court — not the Recorder of Deeds — within 180 days of the last date work was performed or materials were furnished. No preliminary notice is required in Delaware. The lien must be enforced by filing a scire facias action within 1 year of the Statement of Claim. Because mechanic's liens are filed with the court rather than the recording office, a standard Recorder of Deeds search alone will not reveal mechanic's lien exposure — the Superior Court must also be searched. This catches many out-of-state practitioners off guard.
The county sheriff or a designated office conducts annual tax sales (monitions) for delinquent property taxes. In a Delaware monition sale, the county files a petition with Superior Court, the court issues a monition (notice), and the property is sold at public auction. The property owner may redeem by paying all delinquent taxes, penalties, and costs before the sale is confirmed by the court. After court confirmation, a tax deed is issued. Sussex County conducts its own tax sales with significant activity in resort and agricultural areas. Judgment liens in Delaware attach automatically to all real property in the county where the Superior Court judgment is entered — no separate recording with the Recorder of Deeds is required. Judgments are effective for 10 years and can be renewed. UCC liens, federal tax liens, and lis pendens are recorded with the Recorder of Deeds. A property lien report searches both Superior Court filings and the Recorder of Deeds.
Mechanic's liens (Title 25 Ch. 29): filed with Superior Court (NOT Recorder — unusual nationally). 180 days to file. No preliminary notice. Enforce via scire facias within 1 year. Tax sales: monition proceedings through Superior Court. Redeem before confirmation. Judgment liens: automatic at Superior Court (no recording needed). Lien report ($95) covers Superior Court + Recorder.
DE Title Search Services — Judicial Foreclosure, Transfer Tax & Entity Expertise
| Service | Price | Turnaround | What's Included |
|---|---|---|---|
| Property Detail Record | $29 | Same Day | Owner, County Assessment data, assessed value, property classification, tax status, school district |
| Copy of Deed | $45 | Same Day | Recorded deed from Recorder of Deeds with realty transfer tax stamp, vesting, and entity identification |
| Neighborhood Valuation | $50 | 1–2 Days | Comparable sales, Assessment Office values, realty transfer tax comparison, resort premium analysis |
| Property Lien Report | $95 | 1–2 Days | Recorder of Deeds — mortgages, liens, lis pendens. Superior Court — judgments, mechanic's liens, foreclosure |
| Title Search by Name | $95 | 1–2 Days | All properties, mortgages, and liens under a name across DE counties via Recorder and Assessment Office |
| Owner + Lien Report | $145 | 2–3 Days | Ownership with satisfaction verification, tenancy by entirety status, entity identification, and lien search |
| Chain of Title Report | $275 | 3–5 Days | Complete ownership with satisfaction chain, entity ownership tracing, tenancy by entirety, transfer tax history |
| Expanded Title Search | $295 | 3–5 Days | Full chain plus agricultural preservation easements, tax sale monition status, DST/1031 research, flood zones |
| Abstractor Service | Custom | Varies | Complex DE title, multi-entity ownership, Sussex resort, leased-land, ag preservation, Court of Chancery |
DE title complexity: judicial-only foreclosure + scire facias. ~4% transfer tax (5.5% Wilmington). Mechanic's liens at Superior Court (not Recorder). Court of Chancery equity jurisdiction. Entity ownership (1.8M+ DE LLCs). Tenancy by entirety. Ag preservation easements. Sussex resort/leased-land. Attorney closings. Lien reports ($95) cover Superior Court + Recorder.
DE is an attorney-closing state — attorneys handle all closings. Attorney searches Recorder of Deeds, Assessment Office, Superior Court (foreclosure + mechanic's liens), and Court of Chancery (equity). Rates filed with Department of Insurance. Owner's policy recommended: ~4% transfer tax, judicial-only foreclosure, scire facias, entity ownership, mechanic's liens at court (not Recorder), and tenancy by the entirety requirements.
Finding DE Property Owners via County Assessment Office & Recorder of Deeds
The fastest free method is the County Assessment Office website — all 3 counties provide online access showing current owner, assessed value, and property characteristics. The Recorder of Deeds provides recorded deed images and grantor-grantee indexes. New Castle County (Wilmington — largest volume) has the most comprehensive online portal. Kent County (Dover — our headquarters) and Sussex County (resort communities) both offer online Recorder access. For professional ownership verification, a Property Detail Record ($29, same-day) from U.S. Title Records — headquartered in Dover — confirms the current owner with assessment data, tax status, and entity identification. A Chain of Title Report ($275) traces every conveyance with satisfaction verification, tenancy by entirety analysis, entity ownership tracing, and realty transfer tax history. Our title search resources, real estate news, lien guide, title search guide, property auction guide, foreclosure auction guide, and title insurance guide provide additional context. Contact our support team.
Free: County Assessment Office (owner, assessed value, characteristics). All 3 counties online. Recorder of Deeds for deed images + grantor-grantee. Professional: Property Detail ($29, same-day from Dover HQ). Complete: Chain of Title ($275) with satisfaction chain, tenancy by entirety, entity ownership tracing, transfer tax history.