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Use of any logos from this site without expressed  permission of the Sheriff or his designee is prohibited.

FORECLOSURE PROCEDURES

All Foreclosures are sold subject to special conditions. The Sheriff's conditions are as follows:

1. Any person bidding upon the said premises shall be considered, by the act of such bidding, to have accepted these conditions of sale.

2. The highest bidder shall be the purchaser and immediately upon the property being struck off to him shall sign his name to these conditions.  

3. Twenty Percent (20%) of the bid shall be paid by the purchaser in cash, certified check or treasurer's check as soon as the property is struck off to him.

4. In cases where no confirmation is required by law, the deed shall be delivered to the purchaser thirty days from the date of sale, at the sales office of the Sheriff, 39 High Street Newton, New Jersey. 

5. The purchaser shall be liable for payment of the purchase money, whether he attends and receives his deed at such time and place or not; in case he neglects to receive his deed and pay the balance of the purchase money as aforesaid the Sheriff will have the option of either re-advertising the property and selling it again or of proceeding to compel the purchaser to complete his purchase. In the event of a resale, if property should produce a lesser sum than the former bid, interest and expenses, the purchaser will be held liable for the difference. If it should produce a larger sum than the former bid, interest and expenses, the purchaser shall not receiving any benefit thereby.

6. The bidding will be kept open after the property is struck off. In the event that the purchaser fails to comply with any of the above conditions of sale, the Sheriff, at his option, may again immediately put up the premises for sale, subject to these same conditions, and the original purchaser shall be held liable for any deficiency and shall not receive any benefits from any increased bid.

7. The reference to "he," "his" or "him," relating to the purchaser shall be held to apply to one or more individuals, male or female, or a corporation or corporations.

8. Sheriff's fee and commissions are taken from the struck off purchase price.

All Sheriff's Sales are sold subject to a first mortgage, if any, and any Municipal, State or Federal liens, if any.

The attorney representing the Plaintiff will have his own conditions of sale. He will read these conditions prior to his sale. 

We strongly urge anyone who is not familiar with Sheriff's Sale Procedures to seek legal advice and to have a Title Search run on the property before he bids on any property. The Search may reveal if there are out standing liens, which the bidder would assume if he is the highest bidder.

Sheriff's Sales are held as an open auction. The Attorney for the Plaintiff will start the bidding at $100.00. The bidding will continue until the highest bid is reached, and the highest bidder will be the purchaser. The Plaintiff's attorney normally does not allow the bid to go for less than the Judgment amount due his client. He will bid until he has reached his Upset Price. An Upset Price is the total of the Judgment due, interest, attorney's costs, Sheriff's fees, advertising costs and commissions. Once the attorney has reached his Upset Price he may stop bidding and the highest bidder, thereafter, will be the successful bidder.

The Sheriff's Sales are held on Monday, at 2:00 pm, at the Sheriff's Office, conference room, 39 High Street Newton, New Jersey.

The Sheriff's Sales are advertised for four weeks every Wednesday and Sunday in the  New Jersey Herald and the New Jersey Sunday Herald prior to sale. The sales are also advertised for four consecutive weeks. On the fourth and final week of advertising, the property is sold on that Monday if the sale has not been adjourned. The Plaintiff's attorney may adjourn as many times as is necessary for any reason.

A person planning to attend a Sheriff's Sale, should call our office or check the Sale Notices posted in our office before or on sale date, to be sure the sale has not been adjourned, placed in Bankruptcy stay or cancelled.

Our office will post a notice of sale on the property during the week of the first advertising. 

Our office does not enter the premises being sold for any other reason. Until the sale is final, the defendant (owner) has all his rights and privileges of privacy to his property. A bidder wishing to approach the owner to see the property before the sale, is advised that he is on his own.

The owner of the property may at anytime, prior to sale, try to save his home and/or property in several ways. He may try to reinstate his delinquent amount owed, pay the judgment in full, obtain another loan, etc. He may also try to sell the property in order to pay the Judgment and at the same time profit from any proceeds. The defendant has a 10 day Redemption Period after the sale during which time he may object to the sale through the courts or redeem the property. The bidder, in this case, would receive his 20 percent deposit back without interest.

The Sheriff's sale deed will be prepared and ready in approximately 11 days after the sale. The balance due on the sale must be paid no later than 30 days after sale, in accordance with the conditions of sale. It's the responsibility of the purchaser to record the deed in the Register of Deeds office. It is the sole responsibility of the purchaser to notify the owner he has purchased the property and now holds the deed to the property. If the defendant does not voluntarily leave the property, the purchaser must apply to the court for a Writ of Possession. Our office will serve the Writ upon the defendant which will advise him to vacate the premises within a particular period of time. If the defendant has not vacated by the stated tentative date, the Sheriff's Office will set a final date to make arrangements with the purchaser to have a moving van sent to the property and have the defendant's personal belongings removed. The costs of the moving and storage is the responsibility of the purchaser. A Writ of Possession is not necessary if the property is vacant before, during or after the sale.

Additional inquiries may be made by calling (973) 579-0850 between the hours of 8:30 am and 5:00 pm Monday through Friday.

Click on the links below to see how to avoid Forclosure Scams and Surplus Funds' Scams

Forclosure Scams How To Avoid Them

Surplus Funds' Scams How To Avoid Them

On June 30, 2004, Assembly Bill No. 3115 (Chapter 66, P.L. 2004) and Assembly Bill No. 3128 (Chapter 55,P.L. 2004), impacting realty transfers in New Jersey, were signed into law. Chapter 66 has increased the Realty Chapter 55 requires the filing of estimated Gross Income Tax on the transfer of real property by nonresidents of the State as a Chapter 55 is effective on August 1, 2004. Chapter 66 is effective immediately, but applies Chapters 55 and 66 is the date that the deed is placed on record (i.e., recording date) at the Chapter 66, Laws of 2004

TOTAL CONSIDERATION NOT IN EXCESS OF $350,000

An Affidavit of Consideration (RTF-1) is now required to be affixed to and recorded with all deeds transferring "NEW CONSTRUCTION" must now be printed clearly in upper Chapter 66 should be directed to (609)292-7974.

Proceeds from the Realty Transfer Fee provide support for the Public Health Priority Fund, shore protection initiatives,

Chapter 55 now requires for transactions occurring on or after August 1, 2004 nonresident individuals, estates or trusts that sell or transfer real property in New Jersey to make an estimated Gross Income Tax payment prior to Chapter 55 and the new Gross Income Tax estimated payment requirements should be directed