Stopping a Sheriff's Sale with a Bankruptcy filing in New Jersey
If you are faced with a Sheriff's Sale in New Jersey and need to speak with an attorney, contact our office for a free consultation. A Sheriff's Sale can be a scary thing. You come home and finally the day that has been in the back of your mind has arrived a Sheriff Notice of Sale is affixed to your door. Can this Sheriff's Sale be stopped ? How do I stop the Sheriff's Sale ? are the first questions. The Sheriff's Sale can be halted by contacting the County Sheriff's Office and request a Stay of the sale under NJSA 2A:17-36. This gives you a right to request two adjournments or postponements of the sale for a period of two weeks each. This will give you at least a month to get your affairs in order or otherwise act to stop the sale.
If you have not filed an Answer or otherwise appeared in your Foreclosure case there is one more option. This requires a debtor to file a Motion with the Clerk of the Chancery Division in the County where the Case is venued to request that the case be sent for Mediation under the Court Mediation resolution program for Mortgages. For information on filing this emergent application see this New Jersey Court website.
A Sheriff's Sale may also be stopped with a Bankruptcy filing. A Chapter Seven Bankruptcy will only temporarily postpone the sale pending closing out of the case approximately four months after commencement. A Mortgagee Creditor can also apply for relief to the court to proceed with the sale during the pendancy of the case.
A Chapter Thirteen will allow you to keep your home by making Plan Payments for a maximum Plan of Five years. If you cannot truly afford the Plan's required payments your Chapter Thirteen will not be approved and the case will be dismissed. Call Now to Discuss your options.