Foreclosures

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: 6 months

Burlington County: no delay

Camden County: no delay

cape May County: no delay

Cumberland County: no delay

Essex County: 1- 2 Months

Gloucester County: No Delay

Hudson County: No Delay

Mercer County: 3 Months

Middlesex County: 3-4 Weeks

Monmouth County: No Delay

Morris County: No Delay

Ocean County: 2-3 months

Passaic County: No Delay

Somerset County: 2-3 months

Sussex County: 2 Months

Union County: 3 months

Warren County: 3 months

Written By Adam J. Friedman

Date Compiled By Assunta Cacciatore

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 5 Months
Bergen 10 Months
Burlington 3 Months
Camden 1 Month
Cape May 4 Months
Cumberland 8 Months
Essex 4 Months
Gloucester 9 Months
Hudson 4 Months
Hunterdon 1 Month
Mercer 7 Months
Middlesex 3 Months
Monmouth 4 Months
Morris 4 Months
Ocean 10 Months
Passaic 1 Month
Salem 5 Months
Somerset 6.5 Months
Sussex 3 Months
Union 4 Months
Warren 13 Months

Written By Adam J. Friedman

Data Compiled By Assunta Cacciatore

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- 4 months
Bergen- 10 months
Burlington- 3 months
Camden- 3 months
Cape May- 4 months
Cumberland- 9 months
Essex- 4 months
Gloucester- 9 months
Hudson- 4 months
Hunterdon-2.5
Mercer- 6 months
Middlesex- 3 months
Monmouth- 4.5 months
Morris – 4 months
Ocean – 8.5 months
Passaic – 3 months
Salem – 9 months
Somerset- 6 months
Sussex – 4 months
Union – 3.5 months
Warren- 13 months

Written By Adam J. Friedman

Data Compiled By Assunta Cacciatore

CPLR 205(a) (aka the “Savings Statute”), provides an additional six (6) month period to recommence an action where an action is dismissed for grounds other than voluntary discontinuance, lack of personal jurisdiction, neglect to prosecute, or a final judgment. This grace period has proven helpful in older mortgage foreclosure actions that remain pending long after the Statue of Limitations would have ran.

On February 8, 2017 the Second Department ruled in Wells Fargo Bank v. Eitani (507424/2013) that Savings Statute’s grace period is extended to Plaintiff’s assignees or successors in interest. While the ability of an assignee or successor in interest to use the grace period was never specifically in doubt, this decision further cements our investors’ ability to protect their asset should an inherited action have been improperly commenced.

Written By Adam J. Friedman