A sheriff’s sale has been scheduled
In New Jersey the sale of a foreclosed home is run by the county sheriff under a writ from the court. What is still possible depends heavily on how much time is left, so this is not a page to come back to next week.
Sale within 150 days of the writ
Up to five adjournments without a court order
Not a law firm
Start here
The sale is a court-ordered
event, not a bank decision.
After final judgment, the court issues a writ of execution to the county sheriff. The sheriff must hold the sale within 150 days of receiving it, at a time and place named in a published notice.
That means the date is knowable in advance and the details are public. The notice is printed in two newspapers, posted at the sheriff’s office and on the property, and mailed to you. The opening bid, called the upset price, has to be posted on the sheriff’s website at least four weeks before the sale.
If a sale date is on your calendar, the single most useful thing you can do is find out exactly what date it is and get advice against that date rather than against a vague sense of urgency.
If the sale has already happened
For 10 days after the sale the deed cannot be delivered. That window, and any surplus money, are covered further down this page.
How a sale is run
From writ to sale to deed.
Each step has its own notice, and each one is a place where a homeowner can find out what is actually happening rather than guessing.
- 01
The sale is noticed
The notice runs four times, once a week for four consecutive weeks, in two newspapers, and is posted at the sheriff’s office and on the property at least three weeks ahead. At least 10 days before the sale it must be mailed to the parties and the owner of record, and to your primary address and the property in an envelope marked as a notice of sale.
N.J.S.A. 2A:61-1; Rule 4:65-2
- 02
The sale is held
The sheriff conducts the sale, starting at the upset price. A successful bidder ordinarily pays a 20 percent deposit. Under the Community Wealth Preservation Program, the homeowner, next of kin or a tenant has a right of first refusal.
Public, at the place named in the notice
- 03
Ten days, then the deed
The sheriff may not deliver the deed for 10 days after the sale. In that window the homeowner may redeem, or object to the sale. Only after it does ownership pass.
Rule 4:65-5
In detail
The rules around the sale date.
Four features of a New Jersey sheriff’s sale surprise people, and each is easier to act on before the sale than after.
Five adjournments, and no more without a court
A sheriff may adjourn a sale five times without a court order: twice at the lender’s request, twice at the debtor’s request, and once if both agree. Each adjournment can be for no more than 30 calendar days. After that, only a court can order a further delay, and only for cause.
That makes each adjournment a limited resource. It is not a general right to pause the sale, and using one does not change anything else about the case. Whether and when to ask is a question for an attorney who knows the file.
The 10 days after the sale
The sheriff may not deliver the deed until 10 days after the sale. During those 10 days the homeowner may redeem by paying the full judgment amount and the lender’s post-judgment advances, such as taxes and insurance. A motion objecting to the sale may be served in the same window, or later but before the deed is delivered.
Ten days is short. If a sale is close, the time to plan for that window is now, not after the auction.
The Community Wealth Preservation Program
Since January 2024, New Jersey law gives the foreclosed-upon homeowner, a next of kin, or a tenant a right of first refusal to buy the home at the sheriff’s sale, at the original upset price or the final starting upset price, whichever is less. A nonprofit community development corporation has the second right.
A buyer using the program puts down 3.5 percent of the original upset price instead of the usual 20 percent, and has 90 business days to pay the balance: no interest for the first 60 business days, then 30 more. A bidder other than the household or a nonprofit who uses the program must live in the home as a primary residence for at least 84 months. The program has been amended since it began, so check the current rules with an attorney.
Surplus money can be claimed
If the property sells for more than is owed, the extra is surplus. It is deposited in the Superior Court Trust Fund, and a party named in the judgment may apply for it by motion at any time after the sale.
Surplus that nobody claims passes to the State after 10 years. If your home is sold, finding out whether there was a surplus is a concrete thing worth doing.
If the sale does not cover the debt
When the proceeds fall short, the lender may sue for a deficiency, but only within 3 months of the sale and only against someone who was a party to the foreclosure. The homeowner may put the property’s fair market value in issue, and the deficiency is the debt minus that value, not minus the sale price.
It is another reason to get advice around a sale even when keeping the home is no longer the goal.
After the deed
A change of ownership is not the same as a removal. The new owner applies for a writ of possession, and the sheriff gives notice of the date the property must be vacated. A tenant cannot be evicted just because the home was foreclosed.
This page describes general New Jersey foreclosure procedure. It is not legal advice, and procedure has exceptions, county practice and case law that no general page can apply to an individual situation. NewJerseyForeclosureHelp.com is not a law firm, a lender, or a government agency. If a deadline, court date, or sale date is approaching, speak with an attorney promptly.
Common questions
Questions before a scheduled sale.
Can a sheriff’s sale be postponed?
A sheriff may adjourn a sale five times without a court order: twice at the lender’s request, twice at the debtor’s request, and once if both agree, each for no more than 30 days. After that only a court can order a further adjournment, for cause. No one can promise a sale will be stopped or delayed.
Does submitting a request on this site stop the sale?
No. Submitting a request does not stop a sale, pause a case, or extend any deadline. It puts you in touch with a participating New Jersey attorney or firm. If a sale date is close, say so at the very beginning of the conversation.
Can I buy my own house back after the sheriff’s sale?
For 10 days after the sale the sheriff may not deliver the deed, and in that window the homeowner may redeem by paying the full judgment amount and the lender’s post-judgment advances. Separately, the Community Wealth Preservation Program gives the homeowner, next of kin or a tenant a right of first refusal to buy at the sale itself.
How do I find out if there is surplus money?
Surplus from a New Jersey sheriff’s sale is deposited in the Superior Court Trust Fund, and a party named in the judgment may apply for it by motion at any time after the sale. Unclaimed surplus passes to the State after 10 years. An attorney can check whether a surplus exists in your case.
Someone offered to buy my house and let me stay. Should I?
Be careful. New Jersey’s Foreclosure Rescue Fraud Prevention Act regulates these sale-and-rent-back deals, including a right to cancel until midnight of the 10th business day after signing or until a sheriff’s sale, whichever comes first. Have any such offer reviewed by an attorney who is not connected to the person making it. This site is not a buyer of homes and does not refer anyone to one.
Statutes and sources behind this guide
- F23: Final judgment may be entered on motion on 10 days' notice where there are no other encumbrancers, or 30 days' notice where there are. A writ of execution then issues to the county sheriff to sell the property. (R. 4:64-1), read 2026-09-23
- F24: The sheriff must conduct the sale within **150 days** of receiving the writ of execution; if that cannot be done the plaintiff may seek appointment of a special master. (N.J.S.A. 2A:50-64), read 2026-09-23
- F25: The sale may be adjourned five times without a court order: **two** at the lender's request, **two** at the debtor's request, and **one** by agreement of both; each for no more than 30 calendar days. A court may order further adjournments for cause. (N.J.S.A. 2A:17-36), read 2026-09-23
- F26: The sale notice is published four times, once a week for four consecutive weeks, in two newspapers — the first at least 21 days and the last no more than 8 days before the sale — and posted at the sheriff's office and on the property at least three weeks before. (N.J.S.A. 2A:61-1), read 2026-09-23
- F27: At least 10 days before the sale, notice must be served by registered or certified mail on every party who appeared and on the owner of record. For a residential property it must also be mailed to the defendant's primary address and to the property, in an envelope marked on the outside as a notice of sale of the property. (R. 4:65-2; N.J.S.A. 2A:50-64), read 2026-09-23
- F28: The upset price (the opening bid) must be noticed and posted on the sheriff's website at least four weeks before the sale, and may not rise more than 3% above that notice. (N.J.S.A. 2A:50-64), read 2026-09-23
- F29: A successful bidder ordinarily pays a **20%** deposit at the sale. (N.J.S.A. 2A:50-64(a)(7)), read 2026-09-23
- F30: The sheriff may not deliver the deed until **10 days** after the sale. A motion objecting to the sale may be served within those 10 days, or later before the deed is delivered, and is returnable within 20 days of the sale unless the court orders otherwise. (R. 4:65-5), read 2026-09-23
- F31: During the same 10 days the homeowner may redeem by paying the full judgment amount and the lender's post-judgment advances (taxes, insurance)., read 2026-09-23
- F32: Enacted 2024-01-12 (P.L.2023, c.255) and effective immediately, the program lets the foreclosed-upon homeowner, next of kin, a tenant, a nonprofit community development corporation, or a bidder who will occupy the home as a primary residence for at least **84 months** buy at the sheriff's sale with a **3.5%** deposit of the original upset price. (N.J.S.A. 2A:50-64(a)(7)(b), (e)), read 2026-09-23
- F33: The foreclosed-upon homeowner, next of kin, or tenant has a **right of first refusal** to buy at the original upset price or the final starting upset price, whichever is less. A nonprofit community development corporation has the second right. (N.J.S.A. 2A:50-64(d)), read 2026-09-23
- F34: A buyer using the program has **90 business days** to pay the balance: no interest for the first 60 business days, then 30 more business days. (N.J.S.A. 2A:50-64(c)(2)), read 2026-09-23
- F35: Money left after the sale pays the debt is deposited in the **Superior Court Trust Fund**. A party named in the judgment may apply for it by motion at any time after the sale, filed with the Office of Foreclosure; non-parties apply in the county vicinage. (R. 4:64-3), read 2026-09-23
- F36: Unclaimed surplus escheats to the State after **10 years**. (N.J.S.A. 46:30B-45), read 2026-09-23
- F37: A lender seeking a deficiency must sue within **3 months** of the sale (or its confirmation), and only against a person who was a party to the foreclosure. (N.J.S.A. 2A:50-2), read 2026-09-23
- F38: In a deficiency action the debtor may put the property's fair market value in issue, and the deficiency is the debt minus that fair market value (not minus the sale price). (N.J.S.A. 2A:50-3), read 2026-09-23
- F39: After the sheriff's deed, the new owner applies for a **writ of possession**; the sheriff then gives notice of the date the property must be vacated. ((form 11978)), read 2026-09-23
- F40: Foreclosure is not by itself grounds to evict a residential tenant; under the Anti-Eviction Act a new owner needs a statutory cause. (N.J.S.A. 2A:18-61.1; P.L.2009, c.296), read 2026-09-23
Statutory claims on this page were checked against published New Jersey law and court guidance on 2026-09-23 and are recorded, fact by fact, in the site's evidence file. Statutes change; the date is the date of the check.
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