How does an Essex County sheriff sale work for the owner?

An Essex County sheriff sale is a public auction run by the Essex County Sheriff's Office in New Jersey. It sells real estate after foreclosure proceedings have started. The sales are open auctions, not sealed bids. At the start of each sale, the auctioneer announces the upset amount. The plaintiff opens the bidding with a $100 bid. Each bid after that must go up by $1,000.

The Sheriff's page says foreclosure auctions are held on Tuesdays at 1:30 p.m. Its Foreclosure Listings page links to an online list of properties set for sale in the coming weeks. That list runs on the Sales Web site from Tyler Technologies. It refreshes every 30 minutes from 9 a.m. to 4 p.m., Monday to Friday. Check that list for the current sale dates before you go.

The Sheriff's online list is titled Foreclosure Sales Listing. At least one plaintiff on the list is a condominium association, so not every sale is a bank mortgage case. Click the Details link next to a listing to view more information. The list also shows when it was last updated.

Registration runs from 12:30 p.m. to 1:30 p.m., and the 20 percent payment must be shown at registration. The Sheriff will not accept registrations after 1:30 p.m. The Sheriff's rules say the winning bidder posts a deposit of 20 percent of the total bid price. It must be a money order, a certified check or a bank check. The Sheriff will not take cash, company checks, agency checks or personal checks.

The Sheriff's rules say the balance of the bid is due within 30 days of the sale. The buyer pays the Realty Transfer Tax. If the buyer does not pay the balance within 30 days, the Sheriff sells the property again at the earliest sale date it can. State law says a winning bidder who cannot pay the deposit is in default, and the sheriff voids the sale right away. This is general information, not legal advice.

The Sheriff's page says the buyer receives a Sheriff's Deed within 10 to 14 business days. It also says this deed does not give a clear title to the property. Each property is sold subject to restrictions of record that are unknown to the Sheriff. This is general information, not legal advice.

The Sheriff says it is unlawful to harass, trespass or change locks without the filing of a Writ of Possession. The Judiciary also says legitimate residential tenants have the right to go on living in a property even while it is being foreclosed upon. This is general information, not legal advice.

Before a lender can start a home foreclosure case in New Jersey, it must send a Notice of Intention to Foreclose. State law says the notice goes out at least 30 days, and not more than 180 days, before the case starts. The notice must tell the debtor about the option of the court's Foreclosure Mediation Program. It must say the debtor may contact the Legal Services Office in the county. And it must say the debtor can get housing counseling at no cost through the mediation program. This is general information, not legal advice.

How is a sheriff sale advertised in Essex County?

The Sheriff says each sale is advertised in the Star Ledger every Wednesday. It also runs in a local paper for four weeks in a row before the sale. The Judiciary says the sheriff must advertise a sale for at least four weeks before holding it. The Sheriff's own list of properties for the coming weeks is online, linked from its Foreclosure Listings page. This is general information, not legal advice.

When must the upset price be posted?

For a home, state law says the upset price notice must be given at least four weeks before the sheriff's sale. It must also be posted on the sheriff's website. On sale day, the upset price cannot rise more than 3 percent above the figure in the notice, with some exceptions. This is general information, not legal advice.

The Judiciary says the final judgment of foreclosure bars the defendant's right to redeem the mortgage after default. The court then issues a writ of execution. The writ tells the county sheriff to sell the property at a public auction. State law says the sheriff must hold the sale within 150 days of receiving the writ. This is general information, not legal advice.

Can a listed sale date change?

Yes. The Sheriff says a listed property is sometimes not sold on the date advertised. The reason can be an adjournment, a bankruptcy or a settlement. State law (P.L.2019, c.71) allows five adjournments in all: two at the request of the lender, two at the request of the debtor, which usually means the owner named in the case, and one more if both agree. Each one can run up to 30 calendar days, and a court can order more for cause. The Sheriff's page says each Essex adjournment is for 28 days. Questions about a case go to the Sheriff's Office or an attorney. This is general information, not legal advice.

Why check the list before a sale?

The Sheriff advises checking its website for the status of a case before you go to an auction. Its page says the listings are valid as of the date shown on them. The Sales Web list also says the Sheriff's Office does not warrant that the list is accurate, complete or on time. This is general information, not legal advice.

The Judiciary says the debtor has 10 days after the sale to redeem the property. The Essex County Sheriff's page says the original owner can redeem the property within a 10-day redemption period, even after the sale. It adds that a court hearing can extend that period in some cases. Ask an attorney about the deadlines in your own case. This is general information, not legal advice.

If the sale brings in more than is owed, the remainder returns to the debtor, which usually means the owner named in the case, the Judiciary says. That leftover money is called surplus. The Judiciary's foreclosure self-help page gives a phone number for questions, 609-421-6100. Ask there or ask an attorney how surplus is claimed in your own case. This is general information, not legal advice.

The Essex County Sheriff's Office is at 50 West Market Street, Newark, NJ 07102. Its main phone number is (973) 621-4111. One of its jobs is to sell real estate after foreclosure proceedings start in Essex County, NJ. Its Foreclosure Listings page is the office's own page for sheriff sales.

Where are the auctions held?

Call the Sheriff's Office at (973) 621-4111 to confirm where a sale will be held before you go. The Sheriff also advises checking its website for the status of a case before you attend. Registration closes at 1:30 p.m.

What are the key numbers for bidders?

Most of these numbers are the Sheriff's own rules from its Foreclosure Listings page. The redemption line also cites the Judiciary. Check the Sheriff's page before a sale, since its listings are valid as of the date shown.

• Sale time: Tuesdays at 1:30 p.m.
• Registration: 12:30 p.m. to 1:30 p.m.
• Opening bid: $100, made by the plaintiff
• Bid steps: $1,000 each
• Deposit (Sheriff's rule): 20 percent of the total bid price, by money order, certified check or bank check
• Balance (Sheriff's rule): due within 30 days of the sale
• Sheriff's Deed: within 10 to 14 business days
• Redemption: 10 days after the sale, per the Judiciary and the Sheriff. The Sheriff says a court hearing can extend it in some cases.

This is general information, not legal advice.

The Judiciary names places an owner can turn to. Legal Services of New Jersey keeps a directory of regional legal services offices. Its phone number is 732-572-9100. The New Jersey State Bar Association keeps a list of county referral services.

Phone numbers named on this page, in one place:

• Legal Services of New Jersey: 732-572-9100
• NJ Housing and Mortgage Finance Agency, for the number of a HUD-certified housing counseling agency: 609-278-7508
• NJ Judiciary foreclosure self-help page, phone for questions: 609-421-6100
• Essex County Sheriff's Office: (973) 621-4111

Where can you find certified housing counseling?

The Judiciary points owners to free housing counseling certified by HUD or the New Jersey Housing and Mortgage Finance Agency. Its mediation flyer says to call 609-278-7508 and ask for the number of a HUD-certified housing counseling agency.

What is foreclosure mediation?

The Judiciary says free foreclosure mediation is available. It says debtors have 30 days from receiving the Notice of Intention to Foreclose to pay off the debt or make other arrangements with the lender. The notice itself must tell the debtor about the option to take part in the Foreclosure Mediation Program after a foreclosure complaint is filed. This is general information, not legal advice.

Does mediation end the lender's case?

No. The Judiciary says lenders can still pursue foreclosure actions during the mediation process. Questions about a case can go to the Judiciary's phone line for questions, 609-421-6100, or to an attorney. This is general information, not legal advice.

What else does the Judiciary's foreclosure page say?

The Judiciary's own foreclosure self-help page gives a phone number for questions, 609-421-6100. The same page says the sheriff has 150 days from the writ of execution to auction the property. This is general information, not legal advice.

What scams does the Judiciary warn about?

The Judiciary warns that companies promising to get a loan modification or foreclosure rescue are popping up all over New Jersey. It says some companies falsely claim to be affiliated with a non-profit or a government entity, or endorsed by government officials. The warning is on the Judiciary's own foreclosure self-help page.

If your home is on the sheriff sale list and you are thinking about selling it before the sale date, you can contact us to request a cash offer. We are a home-buying company, not a foreclosure consultant, lender or law firm.

We are As-Is Home Buyer, a company that buys houses for cash. You send the address through the offer form. We reply with a cash offer for the house as it stands. You decide whether to accept it.

Do you have to fix the house first?

No. An as-is offer is for the house in its current condition. You do not make repairs before you sell. See how we buy houses in Newark for cash.

This page gives general information about Essex County sheriff sales, not legal advice. The Sheriff's Office, the courts and the State of New Jersey set the rules and the dates.