The Current Homeland Security Alert Level is:
Use of any logos from this site without expressed permission of the Sheriff or his designee is prohibited.
Use of any logos from this site without expressed permission of the Sheriff or his designee is prohibited.
CIVIL DEFINITIONS
Writ: something written- a formal written document- an order of mandatory process in writing issued under seal in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing an act specified therein.
Writ of Execution: A judicial order directing the sheriff or court officer to carry out the instructions contained therein.
Writ of Attachment: Seizure of property specifically named. (NJ Court Rule 4:60)
Writ of Possession: A judicial order through which a party claims possession of real property. (NJ Court Rule 4:59-2)
Writ of Replevin: A judicial order issued to a party claiming the right to possession of goods or property. (NJ Court Rule 4:61-1)
Writ of Wage Execution: A judicial order attaching wages to pay a judgment. (NJ Court Rule 4:59-1(d))
Sale Information
One of the functions of the Sheriff's Office is to conduct the sale of real property after foreclosure proceedings have been completed.
We hope this information is beneficial to those who would like to bid on properties but are unfamiliar with the conditions and manner of sale.
Foreclosure sales are for real property only. The Sheriff's Office does not know if any structures are on the property. Further, we cannot give permission for prospective bidders to enter and inspect any structure that may be located on the property to be sold.
All properties sold at auction at the Sheriff's Office are advertised Wednesday and Sunday in the New Jersey Herald and the New Jersey Sunday Herald . Advertisements appear once a week for four consecutive weeks prior to the initial date of sale.
In addition to the newspaper advertising, notices of sale are posted for public viewing at the Sheriff's Office, 39 High Street Newton, New Jersey.
The Sheriff's Office does not have a list, for general distribution, of the properties to be sold. Persons interested in properties can make their own lists from newspaper legal advertisements.
Sales of property are "open-type" auction sales (no sealed bids). A minimum of $100 is bid on the first round by the plaintiff. All subsequent bids are for a minimum of $100 each. The property is sold to the highest bidder.
The successful bidder, upon full payment of the bid, will receive a Sheriff's Deed. This deed does not give clear title to the property. In order to obtain a clear title, one must satisfy all outstanding liens and encumbrances. If a purchaser does not complete the sale he can be held liable for his deposit.
If you are interested in a particular piece of property, we recommend a title search before you actually bid. Title searches are conducted by private firms. Their telephone numbers may be found in the yellow pages of the telephone directory. A fee is charged. You may also do your own title search.
If you are the successful bidder on a piece of property, you are required to post a deposit of 20% on the total bid price. It must be paid by certified check, treasurer's check, or cash. It must be paid immediately following the signing of the Conditions of Sale.
The defendant may redeem the property by satisfying the judgment within 10 calendar days from the sale date. The 20% deposit shall be returned to the purchaser without interest.
The balance of the bid is payable and due on the 30th day from the date of sale. Lawful interest is charged on the balance due from the 11th to the 30th day. If the balance is not paid on the 30th day, purchasers lose their deposit and are held responsible for all losses and expenses, but receive no benefits from the second sale.
If the property you purchased is occupied, it is your responsibility to have the occupants removed. Rights of tenants prevail.
Deed recording fees must be paid by the purchaser to the County Clerk's office when the deed is recorded.
Rights of Defendants
In most cases, the property, even after the sale, can be redeemed by the owner for a period of 10 calendar days from the date of sale.
The Sheriff has the discretionary right to make two adjournments of the sale, and no more, not exceeding 14 calendar days for each adjournment. A written letter and fee of $20 is required by the defendant or his attorney requesting the first adjournment for just cause.
All fees and commissions that are collected by the Sheriff 's Office are turned over to the General Treasury of the County of Sussex.
To speed your inquiry on a specific piece of property, it is helpful if you refer to the property by the plaintiff and defendant names, which appears in the legal advertisement. Please feel free to contact the Sheriff's Office at (973)579-0850 if we can be of further assistance.
Sale Dates and Times Monday 2:00 PM except for holidays when the county is closed for normal business.
This is a public service Information bulletin only. It is recommended that you consult your attorney with any legal questions.
Additional Information
New Jersey Statutes
2A:17-33 Advertisements
2A:17-36 Adjournments
22A:4-8 Commissions
P.L. 1995 c.244 Foreclosure Act
Applicable New Jersey Court Rules
4:64-3 Surplus Money
4:65-4 Adjournments
4:65-5 Sale Objections
United States Federal Courts
Bankruptcy Section
362(a) (Title 11, USC)