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Can I Stop a Burlington County Sheriff Sale?

March 16, 2017 By Ira J. Metrick, Esq.

Burlington County Sheriff Sale

Understanding the Burlington County Sheriff Sale Process

The Sheriff Sale process in Burlington County, NJ begins when a mortgage lender gets a Writ of Execution after receiving a final judgment in a foreclosure.

Some of the mortgage lenders known to pursue foreclosures include:

  • Wells Fargo
  • Citibank
  • Bank of America
  • Statebridge
  • SLS
  • Ditech
  • SPS
  • Caliber
  • Rushmore
  • M&T Bank
  • HSBC
  • Ocwen
  • Nationstar
  • Seterus
  • Mellon Bank
  • Deutsche Bank
  • U.S. Bank
  • JP Morgan
  • Bayview

 
Once your lender has obtained a Writ of Execution, the Burlington County Sheriff will advertise the location, date, and time of the Sheriff Sale in three different ways:

  • Publishing the sale details at least once a week for at least four weeks before the sale in at least two newspapers available in Burlington County.
  • Posting a notice in the Burlington County Sheriff’s Office at least three weeks before the sale.
  • Posting a notice on the property.

If you have any doubts, don’t hesitate to call the Burlington County Sheriff’s office (609-265-5127) to ask any questions. Lenders will not always notify you of the sale, and it is critical to stay informed so you can assess your options.

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?“

What are my Options for Stopping a Burlington County Sheriff Sale?

While it may seem like an impossible situation, there are several ways you can delay a Burlington County Sheriff Sale, or stop it entirely.

  • Submitting a Complete Loan Modification Application. In many cases, if a complete loan modification application is submitted at least 38 days before the Sheriff Sale, the lender must halt the sale and review the application. They should also give you the right to appeal any decision before conducting the sale. The Sheriff Sale Process cannot proceed if you are being reviewed for a loan modification.
  • Adjourning the Sheriff Sale. You are entitled to two adjournments of two weeks each, or 28 days total. You can obtain the adjournments by contacting the Sheriff’s Office.
  • Staying the Sheriff Sale. You can file a motion with the judge to request a stay of sale once you have used both adjournments.
  • Filing for Bankruptcy. Federal law provides the right to file for Bankruptcy. In most cases, upon filing a Bankruptcy Petition you will be entitled to an Automatic Stay, which halts the Sheriff Sale or other actions by creditors. In order to fully understand your options regarding Bankruptcy, you should seek a consultation with an experienced bankruptcy attorney to determine whether bankruptcy is an option for you, and what you need to do to be prepared to stop a Sheriff Sale.

My Lender is Conducting the Sheriff Sale While Reviewing My Modification Application. What Can I Do?

As noted above, a sheriff sale may be stopped by a loan modification application. At the law firm of Ira J. Metrick, we can do an analysis to determine if you are eligible for a loan modification, and help you apply for a modification if you qualify.

If you have obtained a loan modification, or are being reviewed for a modification:

  • Your lender cannot file a foreclosure complaint.
  • Your lender cannot apply for a final judgement of foreclosure.
  • Your lender cannot pursue a sheriff sale.

These are violations of federal law. If your lender has pursued any of these actions,
we can help you.

If your home has been scheduled for a Burlington County Sheriff Sale, it is important to know your options. Contact Ira J. Metrick today to discuss how you can stop the Sheriff Sale and stay in your home.

Filed Under: Sheriff Sale

We Are New Jersey’s Trusted Consumer Defense Law Firm

For more than 20 years Ira J. Metrick has worked on Consumer Transactions, and he has now changed his focus to defending consumers from unfair & predatory business practices. He has developed a reputation as a staunch advocate of consumer rights, and is recognized as one of the top foreclosure defense attorneys in New Jersey. Contact us today to discuss the details of your case and for a free consultation.

Ira J. Metrick Esq.NJ Bar AssociationmbaOcean County BarMercer County BarSomerset County Bar Association

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Meet Ira J. Metrick

Ira .J Metrick

For more than 20 years, the focus of my law firm has been consumer advocacy. Whether it has been fighting foreclosure, taking on abusive debt collectors, or dealing with issues related to bankruptcy proceedings, I have helped my clients tackle seemingly insurmountable financial difficulties...continue reading

Important Links

  • Foreclosure Defense
  • Loan Modification
  • NJ Sheriff Sale
  • Bankruptcy Discharge Violations
  • Foreclosure Help FAQ
  • NJ Sheriff Sale Timeline
  • New Jersey Foreclosure Timeline

Contact Information

Ira J. Metrick Attorney at Law LLC
57 West Main Street, Freehold, NJ 07728
Phone: 732-462-7000
Fax: 732-462-7003
ira@metrickesq.com

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