NJ Sheriff Sale Timeline and FAQs

The Sheriff must publish notice of the sale for four (4) consecutive weeks in a local newspaper. Many county sheriff’s offices also have websites that list the sales and dates, but the best way to be sure is to call the county sheriff and ask about your sale. It is recommended to rely upon the sheriff to find out the date of the sale, because the lender and their attorneys will not always send prompt notices.

Lender obtains a Final Judgment. You should go to the Court’s website to watch your case and see when Final Judgment is filed because your lender’s attorney is required to advise when they apply for Final Judgment, but the law is unclear about what notice they must provide after Final Judgment is entered.

After the Lender obtains Final Judgment, they can schedule the sale with the County Sheriff. The Sheriff must serve the owner of the property with notice of the sale at least ten days in advance of the sale by registered or certified mail, return receipt requested, in addition to posting notice in the Sheriff’s Office and in the newspaper for 4 consecutive weeks. R. 4:65-2.

You have the right to two (2) adjournments of the Sheriff Sale. Each adjournment is for up to 30 days. You must contact the County Sheriff and ask their procedure for using your adjournments. It is recommended that you wait until the day before the sale to use your adjournments, to see if the lender is going to adjourn. This way, you won’t waste your adjournments.

If you have not been denied for a modification by your current Servicer since January 10, 2014, and if a complete loan modification application is submitted at least 38 days prior to the Sheriff Sale, the lender should adjourn the sale until the application has been reviewed and you have been given the opportunity to appeal any denial. You can use your adjournments of the sale to create 38 days for the review of the modification application. Additionally, you are entitled to submit a new application any time that the Servicer changes.

If you have been denied for a modification and you have used your adjournments, you have a right to go to the Court and file a motion to ask the Judge to adjourn the sale. You should be prepared to provide reasons why the sale should be stopped.

You have the right to file for Bankruptcy, as provided by federal law. In most circumstances, upon the filing of a Bankruptcy Petition, you will be entitled to the “Automatic Stay” which is an automatic injunction that halts the Sheriff Sale and other actions by creditors. In order to fully understand your options concerning Bankruptcy, you should seek a consultation with an experienced bankruptcy attorney to determine whether it is an option for you.

Sheriff Sale takes place. The price will be set by the lender, and if no one agrees to pay that amount, the lender will buy the property.

After the sale, there is a 10 day right of redemption for the home owner to pay the full amount due and reclaim the property.

The Court also has the power to set aside the sale if a proper motion is brought that can show, “… reasons of fraud, accident, surprise, or mistake, irregularities in the conduct of the sale or for other equitable considerations.”  (Karel v. Davis, 122 N.J. Eq. 526, 528 (E. & A.1937).

Upon payment of the full purchase price and expiration of the 10 day redemption period, the Sheriff should deliver the deed to the new owner.

The new owner of the house will apply for a Writ of Possession or Order of Removal, which gives the County Sheriff the authority to evict any occupants of the premises. A tenant with a valid lease has protection from removal by the new owner under the New Jersey Anti-Eviction Act, NJSA 2A:18-61.1 et seq.

You have a right to go to the Court and file a motion to ask the Judge to stay the eviction. You should be prepared to provide reasons why the eviction should be stayed to give you more time.

You have the right to file for Bankruptcy, as provided by federal law. In most circumstances, upon the filing of a Bankruptcy Petition, you will be entitled to the “Automatic Stay” which is an automatic injunction that may halt the eviction and other actions by creditors. In order to fully understand your options concerning Bankruptcy, you should seek a consultation with an experienced bankruptcy attorney to determine whether it is an option for you.

Barring any agreements with the new owner or an Order from the Court, you must vacate the premises by the date of the eviction, or you may be removed by the Sheriff.

To stop the sale after the adjournments are used, a homeowner can file a motion with the judge to ask to stay the sale.

The right to file for Bankruptcy is provided by federal law. In most circumstances, upon the filing of a Bankruptcy Petition, you will be entitled to the “Automatic Stay,” which is an automatic injunction that halts the Sheriff Sale and other actions by creditors. In order to fully understand your options concerning Bankruptcy, you should seek a consultation with an experienced bankruptcy attorney to determine whether it is an option for you, and what you need to do to be prepared to stop a Sheriff Sale.

In many instances, if a complete loan modification application is submitted at least 38 days prior to the Sheriff sale, the lender must adjourn the sale and review the application. They should also provide the right to appeal any decision prior to conducting the sale. It is possible to find out if you will qualify for a modification, before you apply.

The Court has a free Foreclosure Mediation Program to help homeowners get modification. However, it is only for primary residences and there is a requirement that an application be submitted within 60 days of being served with the foreclosure complaint. To stop the sale and be admitted to the program, a motion must be filed with the Court and the homeowner should be prepared to explain why application was not made sooner and why they think the mediation would be successful.

If you want to try to fight the foreclosure, you have the right to file a motion with the Court and ask that the judgment be set aside and that you be permitted to file an Answer and defend the foreclosure. However, the NJ Court Rules provide that these motions should be filed within one (1) year of the Final Judgment.

Once the Sheriff sale is completed, the Plaintiff must obtain a Writ of Possession from the court, which instructs the Sheriff to remove any occupants from the property. The defendant will be notified by the Sheriff of the date on which they must leave the property.