STOP THE SHERIFF SALE and SAVE YOUR HOME
Adjourn the Sale - you are entitled to adjourn the sheriff sale two times for any or no reason. We refer to these as "free adjournments" because you don't need a reason to adjourn.
"Adjourn" or Adjournment" are fancy lawyer words for "postponing" the sheriff sale.
You and your mortgage lender can each adjourn the sheriff sale for any or no reason two times. That is a total of four free adjournments.
Each adjournment is for a period of 30 days. That means you can stop a sheriff sale for up to two months while you take steps to save or sell your home or just get more time to find a new place to live.
The Sheriff will charge you $28 to adjourn the sale and ask you for certain information about the property.
Only the owner of the property or his or her attorney can adjourn the sale for the owner - not even a friend or relative.
You must go in person to the Sheriff's office to request your adjournments.
We created a simple form that will help you to have all of the information ready for the Sheriff when you go to the Sheriff office to obtain your adjournment.
WHAT IF I USED ALL OF MY FREE ADJOURNMENTS?
Discretionary Adjournment. Once those adjournments are used, you can to ask a judge to adjourn the sheriff sale if you have a very good reason. These adjournments are at the discretion of the judge and you have to appear at a hearing and show the judge why you have a good reason to adjourn the sale. One good reason is that you have a contract to sell the property and you are going to get money out of the sale even after the lender has been paid off in full.
Some recent rule changes for Sheriff sales: Some, but not all, Sheriff offices have reset adjournments to zero after the COVID moratoriums were lifter in November. That means even if you used up your two adjournments prior to March 2020 when the moratoriums went into effect, you may still have two adjournments available.
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Stopping Sheriff Sales for New Jersey homeowners in foreclosure situations is one of our major practice areas.
Starting in 2009, New Jersey acquired the not so notable distinction of being number one in foreclosures resulting in many New Jersyans losing their homes through a sheriff sale.
Notice: In New Jersey, when a sheriff sale has been scheduled for a home, official notice is provided in the official newspaper for the County where the property is located and often that official notice is posted on the front door of the property. Further notices for adjourned sheriff sales are not required.
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Adjournments Of Right: New Jersey law provides for adjournments of the sheriff sale by the home owner. The home owner may apply "of right" without reason to the sheriff's office for two 30-day adjournments of the sheriff sale. The lender may also apply to the sheriff's office "of right" for two 30-day adjournments. Once those adjournments have been used, there are no further adjournments without applying to a judge by motion.
At Dublin Packard, we advise home owners to apply for the "of right" adjournments in person at the sheriff office on their own since it is a simple form and payment of $28.
Adjournments by motion to a judge: Further discretionary adjournments are possible although not often granted without good cause. At Dublin Packard, we represent homeowners in filing emergency motions to request additional adjournments beyond the two 30-day adjournments.
Bankruptcy: If the judge denies the motion for additional adjournments, bankruptcy can be a very effective tool for stopping the sheiff sale and saving a home from foreclosure.
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163 Madison Ave., PO Box 556
Morristown NJ 07963
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Phone: 862-305-4901
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