- 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
- Call the sheriff's office named on the writ and ask when it will be carried out.
- Call Legal Services of New Jersey at 1-888-576-5529. If you are a tenant, tell them, because your rights are different.
- Plan your move and protect important papers, medicine and belongings.
- If you get a cash for keys offer, get any agreement in writing.
- Ask the Superior Court Trust Fund Unit whether the sale left surplus money for you. See New Jersey foreclosure surplus funds.
- Read after a New Jersey foreclosure sale and our national writ of possession page.
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.
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
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
- 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.
- Notice of Sheriff's Sale and upset priceAfter final judgment, the county sheriff must sell the home within 150 days of receiving the writ of execution. You must get a mailed notice of the sale, and the upset price must be posted at least 4 weeks ahead. You can ask the sheriff for 2 adjournments of up to 30 days each without going to court.
Sources
- N.J.S.A. 2A:50-64 and 2A:50-70, Procedures for sale; notice to tenants (New Jersey Statutes, Office of Legislative Services)
- New Jersey Courts: How to File for a Writ of Possession in a Foreclosure Case (CN 11978, revised August 2016)
- New Jersey Courts: Foreclosure self-help
- Legal Services of New Jersey: LSNJLAW Hotline