Sheriff Sales
Current Adjournment Practice:
All writs of foreclosure received on or after 7/29/2019, per L.2019, c. 71, will be subject to the following adjournment practice:
- Plaintiffs and defendants are entitled to two (2) thirty (30) day adjournments each and one mutually agreed upon adjournment for thirty (30) days. A fee will be charged for ALL adjournments. The defendant must submit a request in writing prior to the sale date. No personal checks will be accepted, cash or money orders only.
Requirements to schedule a sheriff sale in Atlantic County:
3 Copies of Writ of Execution
Full metes and bounds description
Concise description for newspaper advertisement
Affidavit of Consideration for a sheriff’s deed
Deposit of $1,500.00
- Sheriff's Sales are held on Thursday at 12:00 noon in the Multi-Purpose Room of the new Criminal Courthouse, 4997 Unami Blvd., Mays Landing, New Jersey.
- All properties are advertised in local newspapers for four consecutive weeks prior to the original sale date. You can also review the properties here.
- All sales are advertised in the Atlantic City Press, which is a Monday publication and Atlantic County Record, which is a Wednesday.
- ALL CHECKS AND MONEY ORDERS MUST BE MADE PAYABLE TO THE ATLANTIC COUNTY SHERIFF’S OFFICE. There are no exceptions.
- Properties are sold to the highest bidder through an open competitive bidding process.
- There is no inspection of the premises and they are sold in an "as is" condition.
- Bids are made in increments of $500.00 or more.
- The successful bidder is required to post a deposit of 20% of the total bid price.
- Bid deposits must be in the form of certified check, bank check or treasurer’s check. NO OTHER FORMS OF PAYMENT ARE ACCEPTED.
- The deposit is required immediately following the signing of the conditions of sale.
- The balance of the winning bid is due and payable within 30 days following the sale.
- Interest is charged from the 13th day after the sale to the date of payment on the balance due at the current lawful interest rate.
- The successful bidder may take possession of the Sheriff's deed within 30 days providing the balance due has been paid.
- The defendant has an unqualified right of redemption for 10 calendar days after the Sheriff's sale or until the delivery of the deed.
- If the property is owner occupied, the purchaser must obtain a writ of possession to be served on the occupants. If the property is tenant occupied, you must go through Landlord tenant court to have tenant evicted.
- Under absolutely no circumstances are any gifts or gratuities to be given to or accepted by the staff of the Atlantic County Sheriff’s Office. Should this rule be violated, you can be banned from attending Atlantic County Sheriff’s Office sheriff sales and this matter will be brought to the Atlantic County Prosecutor’s Office.
NOTE: The Defendant (Original Owner) is the legal owner of the property until the Sheriff's Sale is finalized and the property deed has been rendered to the successful bidder.
IMPORTANT: This website and email system cannot be used to request an adjourment of any Sheriff's Sales.
Community Wealth Preservation Program Required Documentation
Print the Required Document List (updated 6/10/24)
Required Documentation must be provided THREE days in advance of the Sheriff’s sale. There is no guarantee that documentation received ONE or TWO days prior to sale will be reviewed and approved. Be advised, documentation will not automatically be accepted and reviewed on the day of a Sheriff’s sale. Review of documentation on the day of a Sheriff’s sale will be discretionary based on the totality of circumstances existing on that day.
Defendant/Homeowner
Required Documentation
- Photo ID, current and valid
- Second form of ID, current and valid
- Pre-approval letter for financing the property (deposit is 3.5% of the original upset price or the final starting upset price, whichever is less)
Upon receipt, review and approval of required paperwork, next of kin shall have right of first refusal to purchase the property if Defendant/Homeowner does not purchase the property. Be advised, you must show up at the date and time of the scheduled Sheriff’s Office to purchase the property.
Tenant
Required Documentation
- Photo ID or Driver's License, current and valid (Driver’s License must match the property subject of the Sheriff';s sale.
- Second form of ID, current and valid
- Proof of residency for the last 12 months
(For example, lease agreement; or a utility bill at least a year old; or a statement, receipt, or letter of correspondence from a federal, State, or local government delivered at least 1 year prior to submitting this documentation to the Sheriff’s Office.
- Proof Tenant has not been in arrears for rent payments as of the date notice of foreclosure from plaintiff/lending institution.
- A certificate or evidence of enrollment through a U.S. Housing and Urban Development approved program.
- Pre-approval letter for financing the property (deposit is 3.5% of the original upset price or the final starting upset price, whichever is less)
Bidder (must intend to live at property for 84 months)
Required Documentation
- Photo ID or Driver’s License, current and valid (Driver’s License must match the property subject of the Sheriff’s sale.
- Second form of ID, current and valid
- A certificate or evidence of enrollment through a U.S. Housing and Urban Development approved program.
- Pre-approval letter for financing the property (deposit is 3.5% of the original upset price or the final starting upset price, whichever is less)
Non-Profit Corporation
Required Documentation
- IRS approval letter acknowledging 501(c)(3) status.
- The Non-Profit Corporation’s Mission Statement that was provided in the separate but most recent 1023 filing.
- The Non-Profit Corporation’s EIN number.
- Pre-approval letter for financing the property (deposit is 3.5% of the original upset price or the final starting upset price, whichever is less)
- If Non-Profit Corporation has a written lease agreement for the foreclosed property from defendant/owner, next of kin or tenant that it is an affordable lease with an option to purchase the property from the Non-Profit Corporation, then Non-Profit Corporation shall have the right of second right of refusal to purchase property. A copy of the Lease must be provided as part of the required documentation.
- Any adjournments or postponements will require Non-Profit Corporation to resubmit all required documentation, "no handwritten documents will be accepted."
Be advised, the first to sign in at the scheduled Sheriff’s sale will be permitted to accept the upset price (the original upset price or the final starting upset price, whichever is less) for the foreclosed property (this does not include the homeowner, next of kin, a tenant, or a Non-Profit Corporation with a second right of refusal)
*Deposits are ONLY accepted by bank, certified or treasurer’s check made payable to Atlantic County Sheriff’s Office. No exceptions.
Conditions for Sheriff’s Sale (Non-Community Wealth Preservation Program Properties)
Print these conditions
- The property will be sold to the highest bidder and for the purpose of this sale the highest bidder will be known as the purchaser.
- The property to be sold subject to restrictions of record which are unknown to the sheriff, unpaid taxes or assessments and such state of facts as an accurate survey would disclose.
- The purchaser must pay 20% of the purchase price in certified check, cashier’s check, or treasurer’s check immediately. The balance is to be paid within 30 days from the date of sale, also in certified check, cashier’s check, or treasurer’s check by 4:00 p.m. in the afternoon in the Sheriff’s Office located in the Criminal Court Complex here in Mays Landing. A separate check is required for each purchase you make.
- Per NJSA 2A:50-64(a)(4) ALL certified checks, cashier’s checks and treasurer’s checks shall be made payable to Atlantic County Sheriff’s Office for ALL deposits and payoffs.
- The deed will be delivered to the purchaser within 30 days from the date of sale, with lawful interest calculated on the balance due, from the 13th day after the sale until the balance is paid.
- The purchaser will be held bound by the purchase whether he intends to receive the deed or not and comply with these conditions of sale. If the purchaser fails to comply with any of the conditions of sale, the property will be sold a second time, the former purchaser will be held responsible for all losses and expenses. The deposit is to be retained by the Sheriff to be disbursed by Court Order.
- Immediately upon the conclusion of the sale, should the successful bidder fail to sign the conditions of sale and pay the required 20% deposit, the Sheriff shall immediately resell the property without further public advertisement.
- The Sheriff’s fees and commissions are to be deducted from the purchase price. 9. The recording of the deed and any fees attached including the realty transfer fee is the responsibility of the purchaser.
The defendant(s) have an unqualified Right of Redemption un the 10-day period following the sale.
As of January 12, 2024, a new law, Community Wealth Preservation Program (“CWPP”) came into effect, amending N.J.S.A. 22A:50-64 and N.J.S.A. 22A:4-8. This new law changes the foreclosure process for residential properties in New Jersey. Residential property is defined as real property located in this State, which is utilized as a primary residence or dwelling, and shall not include any real property which is acquired for investment, commercial, or business purposes or real property containing more than four residential units. (Review the amended law in full)
Below are general guidelines for Sheriff’s sales under the amended law. These guidelines are not exhaustive, and all bidders are encouraged to go the above website, to better understand the full extent of all requirements of this current law, including fees associated with a Sheriff’s sale as well as the penalties for any default in complying with the amended law.
Conditions for Residential Sheriff’s Sale (Under the Community Wealth Preservation Program)
Print these conditions
At least 4 weeks prior to the Sheriff’s sale, an upset price for the sale of the residential home will be posted on the Atlantic County Sheriff’s internet website as well as the Atlantic City Press/Column and LocaliQ/Gannett. The upset price is plaintiff/lending institution’s good faith estimate of the minimum amount for the residential property to be sold on the day of the Sheriff’s sale. Should there be a delay or postponement of the Sheriff’s sale on the residential home or if unforeseen circumstances occur, the plaintiff/lending institution may adjust the upset price, but it will not increase by more than 3% of the original upset price unless the Court permits an adjustment.
A successful bidder, whether the defendant/homeowner, next of kin, tenant, or a nonprofit community development corporation, shall pay a 3.5% deposit of the original upset price or the final starting upset price, whichever is less. A bidder (who is not the defendant/homeowner, next of kin, tenant, or a nonprofit community development corporation) shall be permitted to also pay a 3.5% deposit so long as the bidder agrees to occupy the residential property as their primary residence for a period of at least 84 months (7 years). Immediately upon the conclusion of the foreclosure sale, a 3.5% deposit is due to the Sheriff’s Office. Deposits are by certified or cashier’s check, made payable to the Atlantic County Sheriff’s Office. The balance is due on the residential property within 90 business days by certified or cashier’s check, or by wire transfer, made payable to the Atlantic County Sheriff’s Office. For a period of 60 business days following the date of the sale, no interest shall accrue on the balance due on the purchase price. Thereafter interest will accrue and the homeowner/defendant, next of kin, nonprofit community development company or successful bidder will have 30 business days to fulfill the balance of the purchase price.
If the successful bidder of a residential property fails to satisfy the balance of the purchase price, the bidder shall forfeit the deposit on the property and shall be responsible for the payment of the accrued interest incurred as a result the sale being voided, unless the balance is due to the bidder’s inability to close a mortgage through no fault of their own.
If the bidder fails to pay the balance of the purchase price within the 90 business days period, any subsequent foreclosure sale on the same residential property with the same plaintiff/lending institution, there shall be no right of first or second refusal by the bidder who failed to pay the balance of the purchase price.
Should a defendant/homeowner, next of kin or tenant of the residential property (not a corporate entity) secure financing or assets sufficient to meet the terms offered by the plaintiff/lending institution or an alternative financial institution to purchase the property at the time of the Sheriff’s sale, the defendant/homeowner, next of kin or tenant shall have right of first refusal to purchase the property at the original upset price or final upset price, whichever is less. If the Sheriff’s sale is delayed or postponed, the defendant/homeowner, next of kin, or tenant retains the right of first refusal for the rescheduled date of the Sheriff’s sale.
A bidder (not a defendant/homeowner or next of kin) who is permitted to pay a 3.5% deposit on a residential property at the Sheriff’s sale may finance the purchase price so long as the bidder provides documentation that the bidder has preapproval by a financial institution for financing the property. The bidder is limited to submitting a bid no higher than the amount for which the bidder has been preapproved for financing. (Required Docuemntation).
A tenant or a bidder (not defendant homeowner or next of kin) who intends to occupy the property for 84 months and finance the purchase price of the property will be required to receive 8 hours of homebuyer education and counseling through a U.S. Department of Housing and Urban Development approved program and present a certificate of completion or proof of enrollment in that program (Counseling Information. or Homebuyer Education specifically the Fannie Mae Home View program ).The certificate or proof of enrollment in the program will need to be provided to the Sheriff’s Office prior to the sale of the foreclosed residential property.
If a current tenant residing at the foreclosed-upon home intends to bid and finance the purchase price of the residential property, the tenant must show proof to the Sheriff’s Office prior to the Sheriff’s sale that 1) tenant has resided at the residence for at least 1 year; 2) tenant is not in arrears with rent payments as of the date that defendant/homeowner received notice of the foreclosure from plaintiff/lending institution; and proof of residency at the foreclosed-upon property which will include 2 current and valid forms of identification substantially conforming to the name and property address contained in the tenant’s lease – examples: a) a current NJ driver’s license; b) a utility bill; c) a checking or savings account statement at least 60 days prior to submitting this documentation; d) a statement, receipt, or letter of correspondence from a federal, State, or local government office delivered at least 1 year prior to submitting this documentation to the Sheriff’s Office. A tenant shall only be allowed to purchase the residential property so long as the defendant/homeowner or next of kin, decides not to participate in the Sheriff’s sale.
A tenant or successful bidder (this does not include the defendant/homeowner, next of kin, or nonprofit community development corporation) will be required to occupy the residential property as the bidder’s primary residence for 84 months after taking possession. The deed for the property will clearly state that the residential property may not be sold for 84 months. Absent an applicable exceptions, penalties and fines apply for failure to comply with the above residency requirement.
If defendant/owner, next of kin, or tenant fails to secure financing or assets to meet the terms of the purchase price (upset price) on the foreclosed-upon property then the defendant/owner, next of kin, or tenant may request that a nonprofit community development corporation purchase the property. In that instance, the corporation shall allow the defendant/homeowner, next of kin or tenant to reside at the property, subject to negotiating an affordable lease which will also include an option to purchase the property from the corporation.
If a nonprofit community development corporation has a written agreement on residing in the foreclosed-upon home with the defendant/homeowner, next of kin or tenant on conditions outlined in the above paragraph, then the corporation shall have a right of second refusal to purchase the property which is subordinate to the first right of refusal provided to the defendant/homeowner, next of kin or tenant. If the defendant/homeowner, next of kin, or tenant does not participate in the Sheriff’s sale, the nonprofit community development corporation may enter a bid on the residential property. (Conditions and requirements for a nonprofit development corporation)
A nonprofit community development corporation that intends to bid in a sheriff’s sale for residential property and pay a 3.5% deposit shall on the date of the sheriff’s sale, register its participation with the Sheriff and provide the most recent approval letter from the Internal Revenue Service, the nonprofit corporation’s mission statement indicating community revitalization and the creation or preservation of affordable housing though the restoration of vacant and abandoned property. (Pay.gov website to make payments)
The defendant(s) have an unqualified Right of Redemption un the 10-day period following the sale.
Fees and Mileage of Sheriffs and Other Officers
Print Fees and Milage List
*For serving or executing any process or papers where mileage is allowed by law, the officer shall receive mileage actually traveled to and from the courthouse, at the rate per mile of:
In addition to the mileage allowed by law:
For serving every summons and complaint, attachment or any mesne process issuing out of the Superior Court, the sheriff or other officer serving such process shall, for the first defendant or party on whom such process is served:
$22.00
For service on the second defendant named therein:
$20.00
For serving such process on any other defendant or defendants named therein:
$16.00 each
*If a man and his wife be named in such process they shall be considered as one defendant, except where they are living separate and apart.
Serving summons and complaint in matrimonial actions, in addition to mileage:
$22.00
Serving capias ad respondendum, capias ad satisfaciendum, warrant of commitment, writ of ne exeat, in addition to mileage:
$48.00
Serving order to summon juries and return:
$8.00
Serving every execution against goods or lands and making an inventory and return, in addition to mileage:
$48.00
For returning every writ:
$2.00
Executing every writ of possession and return, in addition to mileage:
$48.00
Executing every writ of attachment, sequestration or replevin issuing out of any of the courts, in addition to mileage:
$48.00
For serving each out-of-State paper, in addition to the mileage allowed by law:
For the first defendant on whom such paper is served:
For service on the second defendant named therein:
For serving such paper on any other defendant or defendants named therein:
*If a man and wife be named in such paper, they shall be considered as one defendant, except where they are living separate and apart.
For transporting each offender to the State Prison, per mile, but not less than $3.00 for each offender:
