- Who sends it
- The county sheriff's sale process; the notice is mailed to you in an envelope marked as a notice of sale
- What it starts
- A sale date, with the upset price posted at least 4 weeks before it
- Do this first
- Confirm the date with the sheriff's office and ask about your 2 statutory adjournments
What this notice is in New Jersey
After final judgment, the court issues a writ of execution telling the county sheriff to sell the home at public auction. N.J.S.A. 2A:50-64 says the sheriff must hold the sale within 150 days of receiving the writ. If the sheriff cannot, the lender can ask the Office of Foreclosure to appoint a special master to hold it.
Notice of the sale must be mailed to your primary address and to the home, in an envelope that plainly says on the outside that it is a notice of sale of the property. The lender must post the upset price, which is the starting price for the sale, at least 4 weeks before the sale on the sheriff's website. On sale day the upset price generally cannot be more than 3 percent above the posted figure, except for costs from delays or emergency repairs.
Your adjournments and how they count
- N.J.S.A. 2A:17-36 lets the sheriff adjourn a sale 5 times: 2 at your request, 2 at the lender's, and 1 if both agree. Each adjournment can be up to 30 calendar days.
- Any further delay needs a court order for cause.
- After your 2 adjournments are used, the court's instructions (CN 11277) say to file a written motion to stay the sale with the Chancery Division, General Equity, in your county as soon as possible. The motion fee is $50.
- The court's instructions say to serve the lender's attorney at least 16 days before the motion's return date. If the sale is near, contact the judge's chambers about a hearing on short notice. Only a signed order stops the sale.
Buying your own home at the sale
Under the Community Wealth Preservation Program in N.J.S.A. 2A:50-64, if you are an individual owner and you, a relative (next of kin) or a tenant has financing or funds lined up, that person may have a right of first refusal to buy at the posted upset price. It is used by paying a 3.5 percent deposit before bidding opens, with the rest due within 90 business days. It applies only to a primary residence of up to 4 units, and you must show the lender, if it asks before the sale, that you faced financial hardship, an illness that kept you from earning income, divorce or separation, the death of a spouse or child, or predatory lending. A buyer using financing must show pre-approval.
Before posting the upset price, the lender may not contact you or your relatives to ask whether you plan to bid. After it learns you plan to bid, it may not delay the sale for that reason.
What happens right after the sale
- Any objection to the sale must be served within 10 days after the sale under Court Rule 4:65-5, and the New Jersey courts' self-help page says you have 10 days after the sale to redeem.
- If the buyer pays the balance, the sheriff delivers the deed within 2 weeks of the sale. See the writ of possession for what follows.
- If the sale brings more than the judgment and costs, the surplus is deposited with the court and you can claim it by motion. See New Jersey foreclosure surplus funds.
- If the sale does not cover the debt, the lender must sue within 3 months for any shortfall. See New Jersey deficiency judgments.
What to do this week
- Call the county sheriff's office that handles sales to confirm the date and how it takes adjournment requests.
- Use your adjournments to finish a loan modification, sell the home, or line up financing.
- Call Legal Services of New Jersey at 1-888-576-5529 about a motion to stay the sale, including a stay for mediation.
- A bankruptcy filing before the sale triggers a federal automatic stay. Talk to a lawyer first.
- Read what to do when a New Jersey sale date is set and our national notice of sheriff's sale page.
The rest of the New Jersey process
See how foreclosure works in New Jersey, the timeline, ways to stop it and free help in New Jersey, or read the national guide to this letter.
Common questions
How many times can I postpone a New Jersey sheriff's sale?
You can ask the sheriff for 2 adjournments, each up to 30 calendar days, under N.J.S.A. 2A:17-36. The lender gets 2, and 1 more is allowed if both agree. Anything more needs a court order.
What is the upset price on a New Jersey sheriff's sale notice?
It is the starting price for the sale, set by the lender. It must be posted at least 4 weeks before the sale and generally cannot rise more than 3 percent by sale day.
Can I still save my New Jersey home after the sheriff's sale?
Only for a short time. An objection to the sale must be served within 10 days, and the courts say you have 10 days to redeem. After the deed is delivered, your remaining right is to claim any surplus.
Other New Jersey letters
- Notice of Intention to ForecloseUnder New Jersey's Fair Foreclosure Act, your lender must mail this notice at least 30 days, and no more than 180 days, before it files a foreclosure lawsuit. It must state the exact amount needed to cure the default and the date to pay it. It is a warning, not a lawsuit, and your right to catch up lasts much longer than the date in the letter.
- Summons and Foreclosure ComplaintThe summons and complaint start the foreclosure lawsuit in the Superior Court of New Jersey. You have 35 days from receiving them to file an answer. If you file a contesting answer, a judge in your county hears the case; if you do not answer, the Office of Foreclosure in Trenton handles it as uncontested.
- Notice of Foreclosure Mediation AvailabilityNew Jersey law requires your lender to tell you, in English and Spanish, that you can use the Judiciary's free Foreclosure Mediation Program. You must apply within 60 days of receiving the summons and complaint, with a free housing counselor's signature. Mediation is free, but it does not stop the lawsuit by itself.
- 14-day notice before final judgmentIn an uncontested New Jersey foreclosure, the lender must mail you this notice at least 14 calendar days before it asks for final judgment. It is your last warning that your right to cure ends when judgment is entered. If you mail back a good-faith cure statement within 10 days, the lender must wait at least 46 days.
- Writ of PossessionA writ of possession is a court order that lets the buyer at the sheriff's sale take possession of the home. The sheriff's office serves it and carries it out. It applies to the former owners, not to tenants protected by New Jersey's Anti-Eviction Act.
Sources
- N.J.S.A. 2A:50-64 and 2A:17-36, Procedures for sale; adjournments (New Jersey Statutes, Office of Legislative Services)
- New Jersey Courts: Stay of Sheriff's Sale Notice of Motion Instructions (CN 11277, revised September 19, 2022)
- New Jersey Courts: Foreclosure self-help
- Legal Services of New Jersey: LSNJLAW Hotline