By David Chapman · September 28, 2026 · 5 min read
A sheriff's sale date is not always final. New Jersey law gives homeowners the right to postpone, or "adjourn," a scheduled sale, and those postponements can provide the weeks needed to finish a loan modification, close a short sale, or reinstate the loan. The right comes from a state statute, but the way you exercise it depends entirely on which county sheriff is running your sale.
What the statute gives you
Under N.J.S.A. 2A:17-36, the sheriff may adjourn a sale of real estate:
- Twice at the request of the homeowner (the statute calls you the debtor).
- Twice at the request of the lender.
- Once more if the lender and the homeowner both agree.
Each adjournment can be for up to 30 calendar days. Beyond those five, only a court can order a further adjournment, and only for cause.
Your two adjournments do not require the lender's permission or a judge's signature. You do have to ask for them correctly and on time.
Every county does it differently
The statute sets the number of adjournments. It does not say what form to use, when the request is due, or who has to deliver it. Each of New Jersey's 21 county sheriffs sets those rules, and they vary more than most homeowners expect. A few examples from the sheriffs' published procedures:
- Essex County: two statutory adjournments of 28 days each. The fee is $28 per adjournment, payable by money order or attorney check, and the request must be filed by 12:00 noon on the sale date.
- Union County: two 28-day adjournments at $28 each, and a third by agreement with the lender. Requests must be made in person by the defendant and are not taken between 12:00 and 3:00 PM on Wednesdays.
- Morris County: the sheriff accepts the statutory adjournment request form with payment online, by fax, by mail, or in person, but it must be received before 12:00 noon on the scheduled sale day.
- Atlantic County: the fee is $28 per adjournment, cash or money order only, and the homeowner must request it in writing before the sale date. Requests cannot be made by website or email.
Some counties do not publish their procedure online at all. Procedures also change, so confirm the current fee, form, and deadline with the sheriff's foreclosure unit before you rely on anything you read, including this article. Our county guides list each sheriff's office and phone number.
How to request an adjournment
The details differ, but the steps are similar everywhere:
- Find your sale date and sheriff's file number. Both appear on the notice of sale.
- Call the sheriff's foreclosure unit. Ask what form is required, what the fee is, what kinds of payment are accepted, the deadline, and whether you must appear in person.
- File early. A request that arrives after the cutoff is not a request. Do not wait for the day of the sale if you can avoid it.
- Get proof. Keep a stamped copy or receipt, and write down the new sale date.
- Confirm the new date. Check it with the sheriff's office a few days later.
What an adjournment does not do
An adjournment moves the sale date. It does not stop the foreclosure, reduce what you owe, or pause interest and costs, which continue to add up. When the adjourned date arrives, the sale goes forward unless something else has changed.
That is why the time has to be used. Before or during the adjournment you should be doing at least one of the following:
- Completing a loan modification application and confirming in writing that the servicer has it.
- Moving a short sale toward closing and asking the lender to postpone on its side.
- Gathering the funds to reinstate or pay off the loan.
- Getting advice about whether a motion to stay the sale makes sense for you, or a referral to a bankruptcy attorney if a bankruptcy filing is the better tool.
When your two adjournments are used up
You still have options, but each requires someone else's agreement or a court order:
- The lender's adjournments. A lender that is actively reviewing a modification or has approved a short sale will often postpone the sale itself.
- The consent adjournment. One more is available if you and the lender both agree.
- A motion to stay the sale. A Superior Court judge can order a further adjournment for cause. You have to file a motion and explain, with documents, what the additional time will accomplish.
These are covered in more detail on our page about stopping a foreclosure sale.
After the sale
If the sale does take place, New Jersey allows 10 days afterward to redeem the property by paying what is owed, or to file an objection to the sale with the court.
Getting help
David files adjournment requests for clients, confirms each county's current requirements directly with the sheriff, and uses the added time to work on the underlying problem. If you have a sale date, contact the office as soon as you can.
Attorney Advertising. This article is general information, not legal advice. Laws vary by state and change over time; talk to an attorney about your situation.