Essex County Sheriff's Sale: How It Works and How to Stop It

If your home is scheduled for a Essex County sheriff's sale, you still have options, including adjournments you are entitled to by law. Here is when and where sales are held, what the rules are, and what David Chapman can do before your date.

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Essex County sheriff’s sale at a glance

When

Tuesdays at 1:30 PM, currently held every other week (bidder registration 12:30–1:30 PM)

Where

14th Floor Conference Room, 60 West Market Street, Newark

Bidder deposit

20% of the bid by money order, certified check, or bank check immediately after the sale

Adjournments

The homeowner is entitled to 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.

Essex County Sheriff's Office, Foreclosure Unit

Leroy F. Smith Jr. Public Safety Building, 60 West Market Street, Newark, NJ 07102 · (973) 621-4116

  • Sales are advertised in the Star-Ledger every Wednesday and in a local paper for four consecutive weeks before the sale.

Verified against the Essex County Sheriff’s website. Schedules change; David confirms every client’s sale date directly with the sheriff.

How a home gets to sheriff’s sale

A New Jersey sheriff’s sale is the last step of a court case, not the first. The lender must send a Notice of Intention to Foreclose, file a complaint, obtain a final judgment, and then deliver a writ of execution to the Essex County Sheriff, who has 150 days to schedule the sale and must advertise it for four weeks. Contested cases are heard at Essex County Superior Court, Hall of Records in Newark. If you are reading this with a sale date already set, the judgment has been entered, but several tools remain.

Six ways to stop or postpone the sale

  1. Statutory adjournments. The homeowner is entitled to two by law, and the court can order more for cause. In Essex County, follow the sheriff’s procedure exactly; a request made the wrong way or too late is refused.
  2. A complete loan modification application. Federal rules restrict a servicer from holding the sale while a complete application received more than 37 days before the sale is under review. Loan modification.
  3. Reinstatement or payoff. Paying the arrears or the full judgment cancels the sale. Get the figure in writing.
  4. A short sale with a lender postponement. Lenders often postpone when a real offer is on the table. Short sales.
  5. A motion to stay the sale or vacate the judgment. Where service, notice, or standing were defective, the court can stop the sale. Foreclosure litigation.
  6. Bankruptcy, by referral. A filing imposes an automatic stay. David does not handle bankruptcy cases. When a bankruptcy filing is the right tool, he refers you to a bankruptcy attorney.

After the sale

The sale is not final the moment the gavel falls. The former owner has a short period to redeem or object, and the deed is delivered only afterward. If the home sold for more than the judgment, the difference is held by the court as surplus funds that you can claim. Tenants have separate rights and generally cannot be removed without a court process.

Have a Essex County sale date?

Bring the notice of sale and your latest mortgage statement. In one free conversation you will know whether the date can be moved and how.

(732) 790-1505Essex County foreclosure guide

Sheriff’s sales in other counties

FAQ

Essex County sheriff's sale questions

How do I stop a Essex County sheriff's sale?

The fastest tool is a statutory adjournment, which you are entitled to twice. Beyond that, a complete loan modification application, a negotiated postponement for a short sale, or a motion to the court can stop or delay the sale, and David chooses the combination that fits the time left before your date. A bankruptcy filing can also stop a sale; David does not handle bankruptcy cases and refers clients to a bankruptcy attorney when that is the right tool.

How do I postpone my Essex County sheriff's sale?

The homeowner is entitled to 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.

What happens at a Essex County sheriff's sale?

The sheriff reads the conditions of sale and opens bidding. The lender usually bids first. The highest bidder must pay a deposit on the spot: 20% of the bid by money order, certified check, or bank check immediately after the sale. If no one outbids the lender, the property goes back to the lender.

Can I get my house back after the sale?

New Jersey gives the former owner a short window after the sale to redeem by paying the full judgment and costs, or to file an objection to the sale with the court. The deed is not delivered until that window closes, and a bankruptcy filed within it extends the time. Call the same day.

What if the house sold for more than I owed?

The extra money is called surplus funds. It is deposited with the court and can be claimed by the former owner by motion, after any junior lienholders are paid.

Every day counts

Talk to David before your Essex County sale date

Tell David what you're facing. You'll leave the conversation knowing your options, with no pressure and no obligation. Calls returned within one business day.

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