Understanding the Atlantic County Sheriff Sale Process
Here are some examples of lenders that are known to pursue foreclosures:
- Wells Fargo
- Bank of America
- M&T Bank
- U.S. Bank
- Mellon Bank
- Deutsche Bank
- JP Morgan
After your lender has obtained a Writ of Execution, the Atlantic County Sheriff will advertise the location, date, and time of the Sheriff Sale in these three ways:
- Posting a notice on the foreclosed property itself
- Posting a notice at least three weeks before the sale in the Atlantic County Sheriff’s Office.
- Publishing the details of the sale in at least two Atlantic County newspapers at least once a week for at least four weeks prior to the sale.
It is important to remember that your lender will not necessarily keep you informed of the Sheriff Sale details. Staying up to date on the status of the sale is critical to assessing your options, so call the Atlantic County Sheriff’s Office (609-909-7200) directly to discuss any aspect of the sale.
To see how long it will take for the sale to be scheduled once the application is submitted by the lender, see our blog post: “How Long Do I Have Until the Sheriff Sale?“
How Can I Stop an Atlantic County Sheriff Sale?
Just because your home is scheduled for a Sheriff Sale doesn’t mean you are out of options. There are several ways you can postpone the sale while you assess your options, or put a stop to it entirely, including:
- Submitting A Complete Loan Modification Application at least 38 days before the Sheriff Sale requires your lender to halt the sale and review it. They should also provide you the right to appeal any decision before the sale takes place. We can conduct an analysis to determine if you are eligible for a loan modification, and give you an estimate of the payment terms.
- An Adjournment can be obtained by contacting the Sheriff’s Office. An Atlantic County Sheriff Sale can be adjourned twice for up to 30 days each, or a total of 60 days. The adjournments can be used to create time for a review for a modification.
- A Stay of Sale can be requested by filing a motion with the judge once both adjournments have been used.
- A Bankruptcy Petition. The right to file for Bankruptcy is provided by federal law. Under most circumstances, upon the filing of a bankruptcy, you will be entitled to the “Automatic Stay” which is an automatic injunction that halts the Sheriff Sale and all other actions by creditors. In order to fully understand your options, you should seek a consultation with an experienced bankruptcy attorney to determine whether bankruptcy is an option for you.
Can A Sheriff Sale Take Place If My Modification is Being Reviewed?
If your lender is reviewing your loan modification application, or should be reviewing it, they are not permitted to:
- File a foreclosure complaint.
- Apply for a final judgement of foreclosure.
- Schedule or conduct a Sheriff Sale.
These are violations of federal law. If your lender has taken any of these actions, contact the law firm of Ira J. Metrick. We can help you determine if your lender has violated any federal regulations, and whether you can stop the sale.
If your home has been scheduled for an Atlantic County Sheriff Sale, the most important step is to stay informed and figure out your options. Contact Ira J. Metrick today to discuss how you can stop the Sheriff Sale and stay in your home. We can also conduct an analysis to determine if you are eligible for a loan modification, and give you an estimate of the payment terms.