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Foreclosure sale date set in New Jersey: what you can still do

If your New Jersey sheriff's sale is scheduled, you still have options, but each one needs fast action. You can ask the sheriff for adjournments, ask a judge for a stay, use the Community Wealth Preservation Program to buy the home at the sale, or file bankruptcy. Start by confirming the date with the county sheriff. None of these is guaranteed.

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Reviewed against New Jersey law and official sources on October 12, 2026. General information, not legal advice.

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Options still open before a sale in New Jersey

  • Confirm the sale date with the sheriff

    Today, and again the day before the sale

    The notice of sale is mailed to you and posted on the county sheriff's website with the upset price at least 4 weeks before the sale. Call the sheriff's office handling sales in your county to confirm the date and any adjournment.

    N.J.S.A. 2A:50-64(a)(4)-(5)

  • Request your 2 statutory adjournments

    Before the sale; each up to 30 days

    You can ask the sheriff to adjourn the sale twice without going to court. Use the time to finish a modification application, arrange a sale of the home, or line up financing.

    N.J.S.A. 2A:17-36

  • File a motion to stay the sale

    As soon as your 2 adjournments are used; serve the lender at least 16 days before the hearing if you can

    File a written motion with the General Equity judge in your county, for example to allow a mediation session. If the sale is close, contact the judge's chambers about a short-notice hearing. The filing fee is $50, and a fee waiver form is available.

    N.J.S.A. 2A:17-36

  • Use the Community Wealth Preservation Program

    Before bidding opens at the sale

    If you are an individual owner with a qualifying hardship and have financing or funds lined up, you, a relative, or a qualifying tenant may have a right of first refusal at the posted upset price with a 3.5 percent deposit and 90 business days to pay the rest. Ask the sheriff's office for its program information.

    N.J.S.A. 2A:50-64(d)-(e)

  • File bankruptcy

    Before the sale

    A bankruptcy filing triggers a federal automatic stay. Talk with a bankruptcy attorney or legal aid first, because it affects all your debts.

    11 U.S.C. § 362(a)

  • If the sale happens: object and check for surplus

    Within 10 days after the sale

    Serve any objection within 10 days, and only for a real reason such as an irregular sale or a price well below fair market value. Then ask whether the sale left surplus money with the court.

    R. 4:65-5; N.J.S.A. 2A:50-37

Call today, not tomorrow

With a sale on the calendar, every option above has a cutoff. A free HUD-approved housing counselor can call your servicer with you today: (800) 569-4287. For legal aid and court help, see free foreclosure help in New Jersey.

Common questions in New Jersey

Can I stop a New Jersey sheriff's sale after using my two adjournments?

Only with a court order or another legal event like a bankruptcy filing. The court's instructions say to file a written motion with the Chancery Division, General Equity, in your county as soon as the sheriff's adjournments are used up. A motion that has not been decided does not stop the sale.

Can I buy back my own home at a New Jersey sheriff's sale?

Possibly, under the Community Wealth Preservation Program that took effect January 12, 2024. A qualifying owner, relative or tenant with financing or funds lined up may have a right of first refusal at the upset price with a 3.5 percent deposit. You must show a qualifying hardship, and the right applies only to primary residences of up to 4 units.

What is the upset price on a New Jersey sheriff's sale notice?

It is the minimum price the lender sets for the sale. The law requires it to be posted at least 4 weeks before the sale, and it generally cannot rise more than 3 percent by sale day, except for costs from delays or emergency repairs. It also sets the price for the Community Wealth Preservation Program's right of first refusal.

Step by step

More on foreclosure in New Jersey

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. New Jersey Courts: Notice to Residential Tenants of Rights During Foreclosure (CN 11351)
  2. Legal Services of New Jersey: Free LSNJLAW Hotline
  3. NJHMFA: Find a Counselor
  4. P.L.2019, c.64, New Jersey Foreclosure Mediation Act (N.J.S.A. 2A:50-74 to 2A:50-80)
  5. P.L.2019, c.69, amending N.J.S.A. 2A:50-56 (Notice of Intention, 30 to 180 days)
  6. P.L.2019, c.70, further amending N.J.S.A. 2A:50-56
  7. P.L.2019, c.71, amending N.J.S.A. 2A:50-64 and 2A:17-36 (sheriff's sale within 150 days; adjournments)
  8. P.L.2006, c.13, amending N.J.S.A. 2A:50-58 (14-day notice before final judgment)
  9. P.L.2023, c.255, Community Wealth Preservation Program (approved January 12, 2024)
  10. P.L.2011, c.146, Foreclosure Rescue Fraud Prevention Act (N.J.S.A. 46:10B-53 et seq.)
  11. New Jersey Courts: Foreclosure self-help
  12. New Jersey Courts, Superior Court Clerk's Office: Foreclosure
  13. New Jersey Courts: How to Apply for Foreclosure Mediation (CN 11270, revised September 1, 2021)
  14. New Jersey Courts: Stay of Sheriff's Sale Notice of Motion Instructions (CN 11277, revised September 19, 2022)
  15. New Jersey Courts: How to File for a Writ of Possession in a Foreclosure Case (CN 11978)
  16. New Jersey Courts press release: courts help residents at risk of foreclosure (October 2023, pre-foreclosure mediation)
  17. Bayview Loan Servicing v. Rauch, App. Div. A-4384-18 (quoting N.J.S.A. 2A:50-57(a): cure up to entry of final judgment)
  18. Newrez LLC v. Inzana, App. Div. A-3866-24 (decided February 19, 2026; quoting R. 4:65-5)
  19. West Pleasant-CPGT, Inc. v. U.S. Home Corp., N.J. Supreme Court A-1-19 (July 8, 2020; N.J.S.A. 2A:50-2, 2A:50-3)
  20. Wells Fargo Bank v. Khorami, Ch. Div. F-11387-22 (August 20, 2024; surplus under N.J.S.A. 2A:50-37 and R. 4:64-3)
  21. NJHMFA: Foreclosure Prevention
  22. NJHMFA: NJ Emergency Rescue Mortgage Assistance (no longer accepting applications)
  23. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  24. NJ Department of Banking and Insurance: Home Mortgage Foreclosures
  25. NJ Department of Banking and Insurance: Foreclosure Consultants