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How to avoidForeclosure

New Jersey · What this letter means

You got a New Jersey writ of possession after foreclosure: what it means

A 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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The sheriff's office serves it, after the buyer files it with the Office of Foreclosure
What it starts
Removal of the former owners by the sheriff's office
Do this first
Call the sheriff's office to learn the removal date, and call legal aid the same day

What this document is in New Jersey

After the sheriff's sale and the 10-day objection period, the sheriff delivers a deed to the buyer. If you are still living in the home, the buyer can file a writ of possession in the foreclosure case. The court's packet "How to File for a Writ of Possession in a Foreclosure Case" (CN 11978) says the buyer files it with the Office of Foreclosure with a copy of the sheriff's deed and a $50 fee.

The court's packet defines the writ as a court order giving the buyer the right to possession, which the sheriff's office serves on the people living there and enforces.

Who it covers and who it does not

  • The writ names the former owners and others holding under them.
  • The buyer must certify that the people named are not tenants protected by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1, and must say why, for example that they are the former owners.
  • If you rent the home, foreclosure alone is generally not grounds to evict you. Under N.J.S.A. 2A:50-70, a new owner must give tenants a notice in English and Spanish within 10 business days after taking title, saying who to pay rent to and that they can be evicted only for good cause through a court case.
  • Trying to force a tenant out by shutting off utilities or failing to maintain the home can bring civil and criminal penalties, under the notice the law requires.

Timing

The writ comes after the deed. The sheriff must deliver the deed within 2 weeks of the sale if the buyer has paid, and an objection to the sale must be served within 10 days after the sale. The court sources read for this page do not state how many days of notice the sheriff gives before removal, so call the sheriff's office right away to ask for the date.

What to do this week

Scam warnings

After a sale, you may hear from people who offer to undo it for a fee or to collect your surplus for a large share. You can file a surplus motion yourself. Do not sign over your surplus or pay anyone up front without talking to legal aid first.

Common questions

Can a New Jersey buyer remove me without a writ of possession?

The court's packet describes the writ of possession as the court order the buyer uses to remove the former owner, and the sheriff's office serves and enforces it. If someone tries to remove you without one, call legal aid or the police.

Can a writ of possession be used against a tenant in New Jersey?

The buyer must certify that the people named are not tenants protected by the Anti-Eviction Act. Foreclosure alone is generally not grounds to evict a protected tenant, who can be removed only for good cause through a court case.

How much notice does the sheriff give before a New Jersey removal?

The court sources read for this page do not state a number of days. Call the sheriff's office on the writ right away to ask for the date.

Other New Jersey letters

Sources

  1. N.J.S.A. 2A:50-64 and 2A:50-70, Procedures for sale; notice to tenants (New Jersey Statutes, Office of Legislative Services)
  2. New Jersey Courts: How to File for a Writ of Possession in a Foreclosure Case (CN 11978, revised August 2016)
  3. New Jersey Courts: Foreclosure self-help
  4. Legal Services of New Jersey: LSNJLAW Hotline

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