Time’s Up: How to Buy Extra Time When Facing a Sheriff Sale

After the court orders final judgment in a foreclosure, the county sheriff will often schedule the home to be sold at an auction, called a Sheriff Sale. Even those who’ve been proactively working to save their homes from foreclosure can find themselves up against the clock; if only they had little bit more time to get everything sorted out. Luckily there’s a process in New Jersey to buy that extra time and avoid losing their home to the highest bidder.  Here are the steps to take to postpone your sheriff sale.

**If you've only just recently received a foreclosure complaint, we recommend reading our previous post, The First 4 Steps to Take After a Foreclosure Notice, which covers actions you can take to prevent the situation from reaching this point.

In New Jersey, the statutory process to delay the public auction of a home in foreclosure is called adjournment. Defendants facing a sheriff sale are entitled to two 28-day adjournments (and sometimes a 3rd) while they explore alternatives or finalize pending transactions related to their property. Each adjournment costs $28 and requests typically must be made in person and in writing. Time is of the essence, and an early request increases your chances of obtaining the necessary extension.

Requests for adjournment should follow these steps:

1. Compose a Formal Letter: Begin your letter with a formal salutation such as "Dear County Sheriff." Clearly state your intention to request an adjournment for the scheduled sheriff sale of your home.
2. Explain the Reason: Provide a clear and concise explanation for why you're requesting more time. For instance, if you're currently in the process of selling the property, mention this and explain that you require additional time to complete the transaction. Be honest and concise; even if you’re still unsure about what you’re going to do.
3. Express Gratitude: Conclude your letter with an expression of gratitude for considering your request, then sign the letter with your full legal name.
4. Delivery: Ensure that your written request is delivered in person to the appropriate office well before the Sheriff Sale. The deadline for adjournment requests is generally two hours before the scheduled auction, but don’t wait until then.

If you have any supporting documents, such as a sales contract or documentation granting someone authority to act on your behalf as the defendant, attach these to your request letter.  If you're unsure about the legalities or intricacies of the process, consider seeking the help of a qualified attorney to ensure your request is properly prepared.

Facing a foreclosure auction can be overwhelming. If a Sheriff Sale is imminent, requesting an adjournment can provide valuable time to explore your options and navigate through to the best possible outcome.

**Please note that we are not attorneys. All information provided is general in nature and should not be considered legal advice. If you would like to speak with a qualified attorney about your particular circumstances we be happy to refer you to one of our trusted attorney partners.