Sheriff's Foreclosure Sale

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Pending judicial evaluation any constable's sale where the Community Wealth Preservation Program is being used will be adjourned up until the final result of court case (MER-C-94-24).

Pending judicial evaluation any constable's sale where the Community Wealth Preservation Program is being utilized will be adjourned until the last result of lawsuit (MER-C-94-24).


BEGINNING JANUARY 10, 2024, SHERIFF'S SALES IN MERCER COUNTY WILL BE HELD


EVERY TWO WEEKS


NOTICE Regarding the Community Wealth Preservation Program


On January 12, 2024, Governor Phil Murphy signed legislation into State law establishing a Community Wealth Preservation Program to promote equity and fairness in foreclosure sales by providing new and higher chances for foreclosed-upon locals and their next of kin, occupants, and other prospective owner-occupants - in addition to not-for-profit neighborhood advancement corporations - to buy and fund a foreclosed-upon home.


NOTE: THIS PROGRAM EXCLUDES THOSE PURCHASING PROPERTIES FOR INVESTMENT PURPOSES.


For additional information, see P.L. 2023, c. 255, https://pub.njleg.state.nj.us/Bills/2022/A6000/5664_R3.PDF


Sheriff Sales will be held at the Mercer County Civil Courthouse, 175 South Broad Street, Trenton, every other Wednesday.


Sheriff Sales will start immediately at 2:00 pm.


( Please keep in mind that the Sheriff's Sale List is upgraded on Mondays, Wednesdays, and Thursdays)


Among the functions of the Sheriff's Office is to carry out the sale of real residential or commercial property after foreclosure proceedings have actually been finished.


Foreclosure sales are for real residential or commercial property just; the Sheriff's Office does not know if any structures are on the residential or commercial property. Further, we can not allow for potential bidders to get in and check any structure that may be located on the residential or commercial property to be sold.


All residential or commercial properties cost auction at the Sheriff's Office are advertised Tuesday in the Trenton Times and the Trentonian. Advertisements appear as soon as a week for four successive weeks prior to the preliminary date of sale.


In addition to newspaper advertisements, notifications of sale are posted for public watching here online site (click here) or outside the Sheriff's Office, on the first flooring, 175 South Broad Street, Trenton, New Jersey.


The Sheriff's Office does not have a list, for basic circulation, of the residential or commercial properties to be offered. Persons thinking about residential or commercial properties can make their own lists from newspaper legal advertisements.


Sales of residential or commercial property are "open-type" auction sales (no sealed bids). An opening quote of $100 is bid on the preliminary by the complainant. All subsequent bids must start at $100 over the upset and continue at $1,000.00 increments. The residential or commercial property is offered to the greatest bidder.


The successful bidder, upon full payment of the quote, will get a Constable's Deed. This deed does not give clear title to the residential or commercial property. In order to obtain clear title, one must please all outstanding liens and encumbrances. If a purchaser does not complete the sale he can be held accountable for his deposit.


If you are interested in a specific piece of residential or commercial property, we recommend a title search before you actually bid. Title searches are carried out by private companies. Their telephone numbers might be found in the yellow pages of the phone book. A charge is charged. You might likewise do your own title search.


If you are the effective bidder on a piece of residential or commercial property, you are needed to post a deposit of 20% on the total bid rate. It must be paid by licensed check, treasurer's check, or money. It should be paid instantly following the signing of the Conditions of Sale.


The balance of the quote is payable and due on the 30th day from the date of sale. Lawful interest is charged on the balance due from the 11th to the 30th day.


If the residential or commercial property you bought is inhabited, it is your responsibility to have the occupants got rid of.


Deed recording costs must be paid by the buyer to the County Clerk's office when the deed is tape-recorded.


Rights of Defendants


In the majority of cases, the residential or commercial property, even after the sale, can be redeemed by the owner for a period of 10 calendar days from the date of sale.


The Sheriff has the discretionary right to make two adjournments of the sale, and no more, not going beyond twenty-eight days for each adjournment. In order to request an adjournment an accused must: be named on the Writ of Execution, show ID confirming identity and send a letter requesting the adjournment with a cost of $28 in money, cash order or certified look for EACH of his two adjournments. When it comes to an accused's lawyer we need your letter to state that you represent the defendant's in addition to the factor for adjournment. We will also accept an attorney check.


All fees and commissions that are gathered by the Sheriff's Office are committed the General Treasury of the County of Mercer.


To speed your questions on a specific piece of residential or commercial property, it is useful if you refer to the residential or commercial property by its address or docket number, which appears in the legal advertisement. Please do not hesitate to call the Sheriff's Sales Office at (609) 989-6102, 847-3965, or 281-7212.


Sales are performed Wednesday at 2 p.m.


Sheriff Sale Procedures


- All foreclosures go through unique conditions. The Sheriff's conditions are as follows:
- The greatest bidder to be the buyer.
- The purchaser should pay 20% of the purchase cost in money, licensed check, cashier's check, or treasurer's check, sometimes of purchase with balance due in thirty days.
- If the purchaser fails to comply with any of the conditions of sale, the residential or commercial property will be offered a second time, the previous purchaser being held responsible for all losses and costs, and deposit to be retained by the Sheriff to be disbursed by court order.
- Sold based on constraints of record which are unidentified to me and unsettled taxes or assessments and such state of realities as an accurate survey would divulge.
- A deed to be delivered to the purchaser within 14 days from date of sale, with legal interest determined on the balance due, from the 11th day after sale, up until balance is paid.
- Immediately upon the conclusion of sale, ought to the effective bidder fail to sign the conditions of sale and pay the 20% deposit as needed herein, the Sheriff shall instantly resell the residential or commercial property without additional public advertisement.
- Sheriff's fee and commissions are taken from the struck off purchase cost. All Sheriff's Sales are sold based on a very first and second mortgage, if any, and any Municipal, State or Federal liens, if any.


The attorney representing the Plaintiff will have his own conditions of sale.


We highly advise anybody who is not knowledgeable about Sheriff's Sale Procedures to look for legal suggestions and to have a Title Search worked on the residential or commercial property before bidding on any residential or commercial property. The search will expose if there are impressive liens, which the bidder would assume if he is the highest bidder.


Sheriff's Sales are held as an open auction. The Attorney for the Plaintiff will begin the bidding at $100.00. The bidding will continue until the greatest bid is reached, and the highest bidder will be the purchaser. The Plaintiff's attorney typically does not permit the quote to opt for less than the Judgment quantity due his client. He will bid up until he has reached his Upset Price. A Disturbed Price is the overall of the Judgment due, interest, attorney's expenses, Sheriff's charges, advertising costs and commissions. Once the lawyer has reached his Upset Price he might stop bidding and the highest bidder, afterwards, will be the effective bidder.


The Sheriff's Sales are held on Wednesdays at 2 p.m. at:


Mercer County Sheriff's Office,
175 South Broad Street,
Trenton, New Jersey


Download the Sheriff's Real Estate Sales Information Bulletin


The Sheriff's Sales are advertised for four weeks every Tuesday in the Trenton Times and the Trentonian previous to sale. On the fourth and final week of advertising, the residential or commercial property is sold on that Wednesday if the sale has actually not been adjourned. The Plaintiff's lawyer might adjourn as lots of times as is necessary for any reason.


If you are planning to participate in a Sheriff's Sale, you need to examine the Sales Notices published online site (click here) before or on sale date, to be sure the sale has actually not been adjourned, placed in Bankruptcy stay or cancelled.


This workplace will post a notification of sale on the residential or commercial property during the week of the first marketing. Our workplace does not go into the facilities being sold for any other reason. Until the sale is last, the defendant (owner) has all rights and advantages of personal privacy to his residential or commercial property. A bidder wanting to approach the owner to see the residential or commercial property before the sale, is advised that he is on his own.


The owner of the residential or commercial property may at anytime, prior to sale, try to save his home or residential or commercial property in several ways. He may try to renew his delinquent quantity owed, pay the judgment completely, get another loan, etc. He might likewise try to sell the residential or commercial property in order to pay the Judgment and at the very same time benefit from the proceeds. The accused has a 10 day Redemption Period after the sale throughout which time he might challenge the sale through the courts or redeem the residential or commercial property. The bidder, in this case, would get his 20 percent deposit back.


The Sheriff's sale deed will be prepared and ready in roughly 2 week after the sale. The balance due on the sale need to be paid no later on than 30 days after sale, in accordance with the conditions of sale. It's the obligation of the purchaser to tape the deed in the Registrar of Deeds office. It is the sole responsibility of the buyer to alert the owner he has actually purchased the residential or commercial property and now holds the deed to the residential or commercial property. If the defendant does not voluntarily leave the residential or commercial property, the purchaser must use to the court for a Writ of Possession. Our workplace will serve the Writ upon the offender which will encourage him to abandon the facilities within a particular time period. If the accused has not vacated by the specified tentative date, the Sheriff's Office will set a final date to have a moving van sent out to the residential or commercial property and have the defendant's personal belongings removed and kept in a place of safe keeping. The costs of the moving and storage is the responsibility of the buyer. A Writ of Possession is not required if the residential or commercial property is uninhabited before, during or after the sale.


Surplus Funds


Surplus Funds are specified as the quantity of funds collected over the judgment quantity, fees, expenses and commissions that are because of the complainant and Sheriff. Surplus funds are generated when a third celebration purchaser buys the residential or commercial property for more than the upset quantity. The main function of surplus funds is to pay any junior lien holders. Any funds left over after these lien holders are paid would be offered to the accused.


This can be determined by checking if the quantity the residential or commercial property was offered for is more than the quantity of the judgment. An example of this would be - Sold for is $150,000 & judgment is $120,000, there would be a possibility that there is a surplus.


The Sheriff's Office sends any surplus funds to the New Jersey State Superior Court, c/o Trust Fund Unit, after the purchaser has actually paid the balance of the purchase rate, fees are subtracted, and all financial transactions are completed. This implies that the funds are not easily offered immediately following the sale, as there are instances when the Trust Fund Unit may not get these funds for approximately 2 months after the sale.


If you are the homeowner with a foreclosure case in our workplace and you believe there was a surplus from the sale of your home, you can call our workplace or you can get in touch with the Trust Fund Unit straight at 609-292-4012.


More Information


- Foreclosure Sale Courtroom Conduct
- Sheriff's Property Sales Information Bulletin [PDF 58k]- Sheriff's Foreclosure List


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