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In New Jersey we send the signed Judgment along with the Writ to the County Sheriff to request that they schedule a foreclosure sale. The time within which the respective Sheriff schedules a sale date varies widely by County. Below please find the most up to date time delays faced by each Sheriff. As always if you have any questions please contact our office directly.

ATLANTIC COUNTY: 3 MONTHS
BERGEN COUNTY: 7 MONTHS
BURLINGTON COUNTY: 2 MONTHS
CAMDEN COUNTY: 2 MONTHS
CAPE MAY COUNTY: 3 MONTHS
CUMBERLAND COUNTY: 12 MONTHS
ESSEX COUNTY: 3 MONTHS
GLOUCESTER COUNTY: 3 MONTHS
HUDSON COUNTY: 2 MONTHS
HUNTERDON COUNTY: 1 MONTH
MERCER COUNTY: 4 MONTHS
MIDDLESEX COUNTY: 2 MONTHS
MONMOUTH COUNTY: 3 MONTHS
MORRIS COUNTY: 2 MONTHS
OCEAN COUNTY: 5 MONTHS
PASSAIC COUNTY: 2 MONTHS
SALEM COUNTY: 2 MONTHS
SOMERSET COUNTY: 8 MONTHS
SUSSEX COUNTY: 3 MONTHS
UNION COUNTY: 3 MONTHS

In New Jersey we send the signed Judgment along with the Writ to the County Sheriff to request that they schedule a foreclosure sale. The time within which the respective Sheriff schedules a sale date varies widely by County. Below please find the most up to date time delays faced by each Sheriff. As always if you have any questions please contact our office directly.

ATLANTIC COUNTY: NO DELAY
BERGEN COUNTY: 2 MONTHS
BURLINGTON COUNTY: NO DELAY
CAMDEN COUNTY: NO DELAY
CAPE MAY COUNTY: NO DELAY
CUMBERLAND COUNTY: 2-3 WEEKS
ESSEX COUNTY: 1-2 MONTHS
GLOUCESTER COUNTY: NO DELAY
HUDSON COUNTY: 2-3 WEEKS
HUNTERDON COUNTY: 1 MONTH
MERCER COUNTY: 3 WEEKS
MIDDLESEX COUNTY: 1 MONTH
MONMOUTH COUNTY: 2-3 WEEKS
MORRIS COUNTY: 2 WEEKS
OCEAN COUNTY: 2 MONTHS
PASSAIC COUNTY: NO DELAY
SALEM COUNTY: 2 WEEKS
SOMERSET COUNTY: 2-3 WEEKS
SUSSEX COUNTY: 1 MONTH
UNION COUNTY: 2-3 WEEKS

Holding: attorney affirmation denying Plaintiff’s compliance with RPAPL 1304 (90 day notice) insufficient to defeat summary judgment and must be supported by an affidavit from the Defendant.

Rockland County Supreme Court – SRP 2010-6, LLC v. Rhonda Thorne, et al. Index # 032674/2015

Friedman Vartolo successfully argued that Defendant’s attorney affirmation was insufficient to create a triable issue of fact with respect to compliance with RPAPL 1304 because it was unsupported by an affidavit from the borrower. The court held that:

(T)he Defendant’s cross motion/opposition is only accompanied by an Affirmation of counsel, who has no personal knowledge of the facts of the receipt of the 90 Day Notice or the Notice of Default. The absence of an affidavit of a person with personal knowledge of the facts is insufficient to demonstrate the existence of a triable issue of fact. [Zuckerman v. City of New York, 49 NY2d 557, 563 (1980); Israelson v. Rubin, 20 AD2d 668 (2d Dept 1964)]. Further, the mere denial of receipt of the 90 Day Notice required pursuant to Real Property Actions and Proceedings Law 1304 is insufficient to rebut the presumption of delivery. [Countrywide Home Loans, Inc. v. Brown, 305 AD2d 626 (2d Dept2003); Grogg v. South Road Associates, L.P., 74 AD3d 1021 (2d Dept 2010); Emigrant Mortg. Co., Inc. v. Persad, 117 AD3d 676 (2d Dept 2014)]. The Defendant’s cross motion fails to include an Affidavit or Affirmation from the Defendant at all let alone one that provides a factual basis for denying receipt of the notices. As such, the Defendant’s motion to dismiss for failure to comply with the conditions precedent of a foreclosure is denied.

Friedman Vartolo also successfully argued that the prior servicer’s records were admissible as an exception to the hearsay rule because they were integrated into Plaintiff’s servicing records and were routinely relied upon.

This decision is significant as it assigns a burden on the defendant to rebut that the 90-day notice letter was delivered. The decision indicates that denial of compliance with 90-day notice requirements by attorney affirmation only is insufficient. Therefore, this should serve as a tactic for foreclosure counsel to defeat an opposition to summary judgment that is not accompanied by an affidavit from the defendant.

Written By Zachary Gold

To view full decision click here.

In New Jersey we send the signed Judgment along with the Writ to the County Sheriff to request that they schedule a foreclosure sale. The time within which the respective Sheriff schedules a sale date varies widely by County. Below please find the most up to date time delays faced by each Sheriff. As always if you have any questions please contact our office directly.

ATLANTIC COUNTY: FOUR MONTHS
BERGEN COUNTY: TEN MONTHS
BURLINGTON COUNTY: THREE MONTHS
CAMDEN COUNTY: FOUR MONTHS
CAPE MAY COUNTY: FIVE MONTHS
CUMBERLAND COUNTY: SEVEN MONTHS
ESSEX COUNTY: FOUR MONTHS
GLOUCESTER COUNTY: SIX MONTHS
HUDSON COUNTY: FOUR MONTHS
MERCER COUNTY: SEVEN MONTHS
MIDDLESEX COUNTY: THREE MONTHS
MONMOUTH COUNTY: FOUR MONTHS
MORRIS COUNTY: TWO MONTHS
OCEAN COUNTY: ELEVEN MONTHS
PASSAIC COUNTY: TWO MONTHS
SALEM COUNTY: FIVE MONTHS
SOMERSET COUNTY: FIVE MONTHS
SUSSEX COUNTY: THREE MONTHS
UNION COUNTY: FOUR MONTHS
WARREN COUNTY: SIX MONTHS

In New Jersey once a sale is completed the Sheriff will prepare a Sheriff’s Deed and send the same to the Plaintiff’s counsel for recording. The chart below shows the delays the Sheriff’s Offices are currently experiencing in preparing the Sheriff Deeds.

ATLANTIC COUNTY: NO DELAY
BERGEN COUNTY: SIX MONTHS
BURLINGTON COUNTY: NO DELAY
CAMDEN COUNTY: NO DELAY
CAPE MAY COUNTY: NO DELAY
CUMBERLAND COUNTY: NO DELAY
ESSEX COUNTY: ONE-TWO MONTHS
GLOUCESTER COUNTY: NO DELAY
HUDSON COUNTY: NO DELAY
MERCER COUNTY: THREE MONTHS
MIDDLESEX COUNTY: THREE-FOUR WEEKS
MONMOUTH COUNTY: NO DELAY
MORRIS COUNTY: NO DELAY
OCEAN COUNTY: TWO – THREE MONTHS
PASSAIC COUNTY: NO DELAY
SOMERSET COUNTY: THREE MONTHS
SUSSEX COUNTY: THREE MONTHS
UNION COUNTY: FOUR MONTHS
WARREN COUNTY: THREE MONTHS