Overview
Delaware requires attorney involvement at refinance closings, which adds about $950 to the bill. The state does not levy a mortgage recording tax or a refinance transfer tax, so most of the cost outside the attorney fee is standard lender and title charges.
Title insurance reissue rates are generally available in Delaware and typically discount the lender's policy by 30 percent — but borrowers usually have to ask for the reduced rate to be applied.
Below: scope of attorney work and typical fee, the reissue rate to request, and the lender-side fees that move with negotiation.
One Delaware-specific pattern worth flagging in advance: required attorney closing. The detailed callouts further down cover the mechanics. Worth knowing: Delaware has NO mortgage tax. The 4% realty transfer tax applies only to deed transfers — refinances are completely exempt. DE is an attorney closing state for residential refis. Title underwriters active in the state include First American, Fidelity, Stewart, Old Republic, Chicago Title.
Where the audit fits
Outside the Delaware-specific tax and attorney items, lender fees are the consistent place borrowers leave money on the table. Fair Loan Check Full Analysis ($39) benchmarks each line on your Loan Estimate against current market data, including a points break-even and a draft counter-offer email tailored to Delaware.
Mortgage recording tax
Delaware does not levy a mortgage recording tax. The new loan amount on a refinance does not trigger any state or county tax in Delaware.
Transfer tax on refinance
Delaware exempts refinances from transfer tax. Transfer tax applies when property changes hands, not when the loan changes. DE has the highest combined transfer tax in the nation (4%) on PURCHASES, but refis are completely exempt. This is one of the largest gaps between purchase and refi costs of any state.
Exemption statute: 30 Del. C. § 5401 explicitly defines 'document' to EXCLUDE mortgages, leases, foreclosure deeds, and various other instruments — meaning the realty transfer tax does NOT apply to refinances or any mortgage recordings. The 4% combined RTT (3% state + 1.5% local) applies only to deeds transferring title.
Title insurance reissue rate
DE title insurance rates filed individually by underwriters with DE DOI. Refinance/reissue rate available; typical 25–40% off lender's policy.
Typical discount on the lender's policy: 20–50% off (typical 30%).
Lookback period: Varies by underwriter. Documentation required: Prior policy.
Attorney requirements
An attorney is required at refinance closings in Delaware. Typical fee range: $600–$1,500 (typical $950).
Delaware is an attorney closing state per DE Supreme Court precedent. Residential closings (including refis) must be conducted by a licensed DE attorney. Attorney fees are a meaningful cost line.
Delaware refinance gotchas
Patterns we see consistently on Delaware refinance closings, sorted by how actionable they are:
Sources
- 30 Del. C. § 5401 (definitions — mortgages explicitly excluded from 'document')
- 30 Del. C. § 5402 (realty transfer tax 3% state + up to 1.5% local = 4% combined)
- 9 Del. C. § 8102 (county RTT)
- 22 Del. C. § 1601 (municipal RTT)
- Delaware Department of Finance — Realty Transfer Tax overview
Ready to apply this to a real Loan Estimate? Audit your refinance LE for padded lender fees and get a counter-offer email drafted from your specific numbers.
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