How Does the Middlesex County Sheriff Sale Process Start?
The Sheriff Sale process in Middlesex County, NJ begins when your mortgage lender obtains a Writ of Execution following a final judgment in a foreclosure.
The following lenders have a history of pursuing foreclosures:
- Wells Fargo
- Bank of America
- Citibank
- Nationstar
- U.S. Bank
- Seterus
- Mellon Bank
- Deutsche Bank
- JP Morgan
- Bayview
- Statebridge
- SPS
- Caliber
- Rushmore
- M&T Bank
- HSBC
- Ocwen
- Ditech
Once your lender obtains a Writ of Execution, the Middlesex County Sheriff will advertise the date, time, and location of the Sheriff Sale by at least three separate methods:
- Posting a notice at least three weeks before the sale in the Middlesex County Sheriff’s Office.
- Publishing the details of the sale at least once weekly for at least four weeks prior to the sale in at least two newspapers available in Middlesex County.
- Posting a notice on the property being sold.
It is important not to rely on your lender to keep you informed of the Sheriff Sale details. Staying informed during the sale process is critical to understanding your options, so don’t hesitate to call the Middlesex County Sheriff’s Office (732-745-3271) with any questions.
To see how long it will take for the sale to be scheduled once the application is submitted by the lender, see our blog post: “How Long Do I Have Until the Sheriff Sale?“
Do I Have Options for Stopping a Middlesex County Sheriff Sale?
When your home is scheduled for a Sheriff Sale, you are still not out of options. There are several ways you can delay the sale, or stop it permanently.
- Submitting a Loan Modification Application. In many cases, your lender must halt the Sheriff Sale and review a complete loan modification application if it is submitted at least 38 days before the sale. They should also allow you to appeal any decision before the sale takes place. If you are being reviewed for a loan modification, the Sheriff Sale Process cannot proceed.
- Adjourning the Sheriff Sale. You are entitled to contact the Sheriff’s Office for two adjournments of up to 30 days each, or a total of 60 days. These 60 days can be used to create time to apply for a modification.
- Staying the Sheriff Sale. You can request a stay of sale by filing a motion with the judge once you have used both adjournments.
- Filing for Bankruptcy. The right to file for Bankruptcy is provided by Federal law. In most cases, you will be entitled to an Automatic Stay upon filing a Bankruptcy Petition, which halts the Sheriff Sale or other actions by creditors. It is important to seek a consultation with an experienced bankruptcy attorney in order to determine whether bankruptcy is an option for you.
Can My Lender Pursue a Sheriff Sale While My Modification is Under Review?
If your lender proceeds with a Sheriff Sale while your loan modification application is being reviewed, or should be reviewed, it may be a case of Dual Tracking, a violation of the Fair Debt Collection Practices Act (FDCPA). At the law firm of Ira J. Metrick, we can help you determine if your lender has violated any federal laws, and if you can stop the Sheriff Sale.
If you are being reviewed for a modification, or have obtained a loan modification, your lender cannot:
- File a foreclosure complaint.
- Apply for a final judgement of foreclosure.
- Schedule a sheriff sale.
These are violations of federal law. If your lender has pursued any of these actions, we can help you.
If your property has been scheduled for a Middlesex County Sheriff Sale, knowing your options is crucial. Contact Ira J. Metrick today to discuss how you can stop the Sheriff Sale and stay in your home. We can also conduct an analysis to determine if you are eligible for a loan modification, and give you an estimate of the payment terms.
