The Foreclosure section processes all Writs of Execution pertaining to the Foreclosure of homes, property and businesses. Once the Writ is received, it is processed for sale, set up for advertising and the notice is posted. Adjournments, cancellations, settlements and bankruptcy petitions are also processed and settled prior to a property going to sale. After a property has been sold, the paperwork is processed, the deed is prepared and the writ is returned to court.
The sale of real property is conducted after foreclosure proceedings have been completed.
Adjournments
N.J.S. 2A:17-36 is amended to read as follows:
2A:17-36. Adjournments of sale of real estate.
Notwithstanding any other law or court rule to the contrary, a sheriff or other officer selling real estate by virtue of an execution may make five adjournments of the sale, two at the request of the lender, two at the request of the debtor, and one if both the lender and debtor agree to an adjournment and no more, to any time, not exceeding 30 calendar days for each adjournment. However, a court of competent jurisdiction may, for cause, order further adjournments. (cf: P.L. 1995, c.244, s.14)
Foreclosure Sale Information and Procedures
All foreclosure properties to be sold at public auction are advertised on the four consecutive Thursdays preceding the initial date of sale, in the Asbury Park Press and in a local township newspaper depending upon the location of the property.
Notices of sale are posted at the Ocean County Sheriff’s Office, Justice Complex, 120 Hooper Ave, Toms River, N.J.
Sale properties can be adjourned, cancelled or a bankruptcy filed at any time and it is recommended that you contact Office of the Sheriff - Foreclosure Unit to determine whether or not the sale is still scheduled. Sales can be adjourned up to 2:00 pm.
To facilitate your inquiry on a specific piece of property, please be sure you have the name of the defendant, which appears in the legal advertisement.
The title received at Sheriff’s Sale is governed by state statute N.J.S.A. 2A: 17-41. The purchaser receives the same title as if the debtor had sold the real estate to the purchaser. He receives no more, nor less, than the debtor owned prior to the Sheriff’s Sale.
Foreclosure sales are for real property only; the Sheriff's Department does not know whether or not structures occupy the property.
Inspection of property is not permitted. Property is sold in “as is” condition.
If the property you purchased is occupied, it is your responsibility to have the occupants removed.
Conditions of Sale
Property can be redeemed by the owner up to 10 days after the sale or until the Deed is delivered.
Unless an objection to a sale is served upon the Sheriff, after passing the 10 day redemption period, the successful bidder, upon full payment of the bid, will receive a Sheriff's Deed. It is the purchaser’s responsibility to record the deed at the Ocean County Clerk’s Office. The purchaser must pay the deed-recording fees to the County Clerk when the deed is recorded.
A Deed for execution by the Sheriff must be delivered by the plaintiff to the Sheriff’s Office in a manner which provides for the proof of service. Personal Delivery, Lawyers Service, Certified Mail, Return Receipt Requested acceptable means of delivery. PROPOSED DEEDS MAY NOT BE FAXED OR EMAILED
If a bankruptcy petition is filed after a property is sold, the purchaser’s deposit will not be returned to the purchaser. Until further direction is received from Superior Court or upon consent of counsel, the deposit will be held without interest.
Sales are subject to all outstanding liens, mortgages and encumbrances, which must be satisfied in order to obtain clear title. A title search will reveal this information and it is advisable to conduct this search prior to the purchase of any property, as the purchaser is responsible for these liabilities. An attorney would be able to advise you further.
If a purchaser does not complete the requirements of sale, he may be held liable for Sheriff's Fees and certain penalties as per Order of the Court and/of The Fair Foreclosure Act concerning the defaulting bidder.
If after the sale and satisfaction of the mortgage debt, including costs and expenses, there remains any surplus money, the money will be deposited into the Superior Court Trust Fund and any person claiming the surplus or any part thereof, may file a motion pursuant to Court Rules 4:64-3 and 4:57-2 stating the nature and extent of that person’s claim and asking for an order directing payment of the surplus money. The Sheriff or other person conducting the sale will have information regarding the surplus, if any.
The Ocean County Board of Health passed a Well Testing Ordinance 87-1, Section 10, on May 6, 1987, and amended on June 6, 1990, pertaining to the Sale or Transfer of Ownership of Real Property Upon Which A Well is Located, which states:
No real property nor any interest in the same shall be sold or transferred after July 1, 1987, which utilizes a well for its potable water supply until the well has been sampled and analyzed. A complete copy of this Ordinance is available at the Office of the Sheriff.
Effective immediately, notice is hereby given that as per P.L. 2011, c.222, approved January 17, 2012: The law requires an owner who has taken title to a residential property, either through a sheriff’s sale or a deed in lieu of foreclosure, to provide the owner’s contact information, within 10 business days of taking title, to the municipality where the property is located and any association or common interest community of which the residential property is a part.
Foreclosure Sales Announcements
The U.S. Department of Housing and Urban Development has issued Mortgagee Letter 2020-27 extending the Foreclosure and Eviction Moratorium on all FHA insured single family mortgages, excluding vacant or abandoned properties until December 31, 2020. The Sheriff has received confirmation from the Plaintiff’s the properties subject to the sale are not subject to the Moratorium. Nevertheless, the Sheriff has no information as to whether any individual mortgage is subject to the Moratorium and makes no representations.
All Buyers should be aware that pursuant to Executive Order 106 and P.L. 2020 c.1 the Sheriff is restrained from acting to remove individuals from residential properties through eviction or foreclosure proceedings until the conclusion of the pandemic unless the court determines that removal is in the interest of justice. The Sheriff makes no representations as to whether a property is vacant or that the property is subject to Executive Order 106 and P.L. 2020 c.1. All successful bidders shall acknowledge this at the time of sale.
The foreclosure announcements listed above govern every foreclosure sale and are read out loud, in their entirety, at the beginning of sales each week.
Acknowledgement of Purchase
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