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

If your home is scheduled for a Passaic 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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Passaic County sheriff’s sale at a glance

When

Tuesdays; adjournment requests and third-party bidder registration are cut off at 2:00 PM on the day of sale, and stay applications are not accepted after 2:00 PM

Where

Call the Foreclosure Unit to confirm the current location and time; bidders must pre-register

Bidder deposit

A percentage deposit in certified funds is required at the sale; confirm the current amount with the Foreclosure Unit

Adjournments

New Jersey law (N.J.S.A. 2A:17-36) entitles the homeowner to two adjournments of the sheriff's sale, and the court may grant additional adjournments for cause. In Passaic County the sheriff will not accept a defendant's adjournment after 2:00 PM on the Tuesday of the sale.

Passaic County Sheriff's Office, Foreclosure Unit

(973) 881-4200

  • Sale dates and statuses are posted on salesweb.civilview.com and can change without notice; the sheriff asks that you call the Foreclosure Unit to confirm any date.

Verified against the Passaic 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 Passaic County Sheriff, who has 150 days to schedule the sale and must advertise it for four weeks. Contested cases are heard at Passaic County Courthouse in Paterson. 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 Passaic 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 Passaic 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) 790-1505Passaic County foreclosure guide

Sheriff’s sales in other counties

FAQ

Passaic County sheriff's sale questions

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

New Jersey law (N.J.S.A. 2A:17-36) entitles the homeowner to two adjournments of the sheriff's sale, and the court may grant additional adjournments for cause. In Passaic County the sheriff will not accept a defendant's adjournment after 2:00 PM on the Tuesday of the sale.

What happens at a Passaic 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: A percentage deposit in certified funds is required at the sale; confirm the current amount with the Foreclosure Unit. 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 Passaic 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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