Understanding the Sussex County Sheriff Sale Process
Some of the mortgage lenders known to pursue foreclosures include:
Once your lender has obtained a Writ of Execution, the Sussex 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 Sussex County.
- Posting a notice in the Sussex 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 Sussex County Sheriff’s office (973-579-0850) 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 Sussex County Sheriff Sale?
While it may seem like an impossible situation, there are several ways you can delay a Sussex 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 up to 30 days each, or 60 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 Sussex 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.