How Does a Somerset County Sheriff Sale Begin?
In Somerset County, NJ, the Sheriff Sale process starts when a mortgage lender obtains a final judgement in a foreclosure, followed by a Writ of Execution.
The following mortgage lenders have a history of pursuing foreclosures:
- Wells Fargo
- Bank of America
- Citibank
- Nationstar
- U.S. Bank
- Ditech
- Seterus
- Mellon Bank
- Deutsche Bank
- JP Morgan
- Bayview
- SPS
- Caliber
- Statebridge
- Rushmore
- HSBC
- M&T Bank
- Ocwen
- MTGLQ
- Federal National Mortgage Association (Fannie Mae)
- Federal Home Loan Mortgage Corporation (Freddie Mac)
After your lender has obtained a Writ of Execution, the Somerset County Sheriff will advertise the date, time and location of the Sheriff Sale in three ways:
- Publishing the details of the sale in at least two newspapers available in Somerset County at least once a week for at least four weeks prior to the sale.
- Posting a notice on the foreclosed property itself
- Posting a notice at least three weeks before the sale in the Somerset County Sheriff’s Office.
It is important to remember that your lender will not necessarily keep you informed of the Sheriff Sale details. Staying up to date on the status of the sale is critical to assessing your options, so call the Somerset County Sheriff’s Office (908-231-7140) directly with any questions about the sale.
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?“
How Do I Stop a Somerset County Sheriff Sale?
A Sheriff Sale can be a difficult and stressful situation, but there are several options for delaying it or stopping it altogether:
- Submitting a Loan Modification Application. In many instances, if you submit a complete loan modification application at least 38 days before the Sheriff Sale, the lender must halt the sale and review the application. They should also provide the right to appeal any decision before conducting the sale. The Sheriff Sale Process cannot proceed if you are being reviewed for a loan modification.
- Adjourning the Sheriff Sale. You are entitled to two adjournments of up to 30 days each, or 60 days total. You can obtain the adjournments by contacting the Sheriff’s Office.
- Staying the Sheriff Sale. You can file a motion with the judge to request a stay of sale once you have used both adjournments.
- Filing for Bankruptcy. Federal law provides the right to file for Bankruptcy. In most cases, upon filing a Bankruptcy Petition you will be entitled to an Automatic Stay, which halts the Sheriff Sale or other actions by creditors. In order to fully understand your options regarding Bankruptcy, you should seek a consultation with an experienced bankruptcy attorney to determine whether bankruptcy is an option for you, and what you need to do to be prepared to stop a Sheriff Sale.
Can A Sheriff Sale Take Place If I am Being Reviewed for a Loan Modification?
If your lender is reviewing your loan modification application, or should be reviewing it, they are not permitted to:
- File a foreclosure complaint.
- Apply for a final judgement of foreclosure.
- Schedule or conduct a Sheriff Sale.
These are violations of federal law. If your lender has taken any of these actions, contact the law firm of Ira J. Metrick. We can help you determine if your lender has violated any federal regulations, and whether you can stop the sale.
If your home has been scheduled for a Somerset County Sheriff Sale, the most important step is to stay informed and figure out your options. 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.
