Project Rightful Owner
NOTE: If you qualify, pro bono (no fee) attorneys are available. If you need pro bono assistance, you may contact the Delaware Volunteer Legal Services at 302.478.8850, tell them that your call concerns Superior Court's Project Rightful Owner.
Things Your Petition Must Include
Identity of property. Full Name of Owner (as of the date of the Sheriff's Sale), Address, Zip Code, Sheriff's Sale Date, Amount, and Case Number. (All information on the Web site.)
Your identity. Who you are and where you live-full name, address, telephone number(s), and e-mail address, if any.
The basis for your claim. Example-owner at the time of foreclosure, heir to the estate of the owner.
Along with this you must provide documents that support the claim you make. If the document is a public records, e.g. court order, assignment or will, you must provide a certified copy of the document.
Other claimants. The identity, last known address, and telephone number of all others who may also have an interest in the proceeds, such as brothers and sisters.
Things You Must File
ALL petitions must be e-filed through File & ServeXpress™ AND One (1) hard copy (conventionally filed copy) must also be filed with the Court.
The $75.00 filing fee will be assessed by File & ServeXpress™. NOTE: The filing fee for these cases where the proceeds are $1,000 or less is waived for Project Rightful Owner cases and these cases only.
Title search (as of the date of the Sheriff's Sale ) from reputable company prepared within the past 60 days. (Fee approximately $100).
The State of Delaware Substitute Form W-9 should NOT be e-filed, but should be provided to the Court with the one (1) hard copy.
If you are not the only person entitled to a share of the proceeds held by the Court, you must serve a copy of the Petition on all others who have an interest or if there are other lien holders, they all must be served. Service is required in accordance with Superior Court Civil Rule 4.