Vacating Sheriff Sales NJ
[1]One of the functions of the County Sheriff is to conduct the sale of real property after foreclosure proceedings have been completed. The Sheriff sale process in NJ takes place according to the local rules of each County Sheriff’s Department. Sales are held at each County Sheriff’s office according to each Sheriff’s Office Schedule. Most County Sheriffs maintain a list of real estate properties to be sold at auction on a searchable website. Traditional paper lists are available for review at all Sheriff’s Department offices during normal business hours.
Under N.J.S.A. 2A:17-36, the County Sheriff has the discretionary right to make only two (2) adjournments of the sale, not exceeding two weeks maximum for each. Thereafter, a just must approve any further adjournments.
Homeowners whose property has been sold at a Sheriff’s sale have a limited time period to save their home. Pursuant to New Jersey Court Rule 4:65-5, homeowners have 10 days from the date of a Sheriff’s sale to file any written objection with the Court. Also, the same 10-day period governs homeowners’ rights to redeem their mortgage by paying off the full amount of the lender’s foreclosure judgment and all post-judgment advances such as property taxes and insurance. A bankruptcy petition filed within this same 10-day period will extend the redemption period for an additional 60-days under federal bankruptcy law. If no timely objection, redemption or bankruptcy filing is made within this 10-day period then the Sheriff will deliver a Sheriff’s Deed to the foreclosing lender or winning bidder.
In certain instances homeowners may be able to vacate or set aside a sheriff’s sale if they can prove they did not receive actual notice of the sheriff’s sale date or that there were other defects or irregularities in the advertising or sale process. Because vacating a sheriff’s sale is typically viewed as an extraordinary remedy [2], our New Jersey foreclosure defense attorneys are very selective in the cases that we accept. We must be convinced that the homeowner has a reasonable chance of succeeding.
Our NJ foreclosure defense practice extends statewide, and includes cases brought in the Superior Court of New Jersey in Bergen County [3], Essex County [4], Hudson County [5], Mercer County [6], Middlesex County [7], Morris County [8], Passaic County [9], Somerset County [10], and Union County [11].
If your property has been sold in a foreclosure sale, you must act quickly. Contact our New Jersey foreclosure lawyers [12] today to protect your rights.