To adjourn (postpone) a sheriff’s sale in New Jersey, you can request a consent adjournment from the lender’s attorney, file a motion to stay the sale with the court, file an emergency Order to Show Cause, or file for bankruptcy to trigger the automatic stay under 11 U.S.C. § 362. Each option has different requirements, timelines, and strategic implications depending on your circumstances.
Consent Adjournments
The most common way to adjourn a sheriff’s sale in NJ is by consent of the plaintiff (the foreclosing lender or their attorney). This typically occurs when the borrower is actively pursuing loss mitigation, such as a loan modification, and the servicer agrees to postpone the sale while negotiations continue. To request a consent adjournment, your attorney contacts the plaintiff’s attorney and requests that the sale be rescheduled. The plaintiff’s attorney then notifies the sheriff’s office. Consent adjournments can be obtained multiple times, though the lender is under no obligation to agree.
Statutory Adjournments Under N.J.S.A. 2A:17-36
New Jersey law (N.J.S.A. 2A:17-36), as amended by P.L. 2019, c. 71, provides a structured framework for adjourning a sheriff\u2019s sale. Each adjournment may last up to 30 days, and the statute allocates adjournments as follows: the debtor may request two adjournments (each up to 30 days), the lender may request two adjournments (each up to 30 days), and one additional adjournment may be obtained by mutual consent of both parties (up to 30 days). A fee of $28 is charged per adjournment. Once all five statutory adjournments have been used, any further postponement requires a court order.
Motion to Stay the Sheriff’s Sale
If the lender will not consent to an adjournment, you can file a motion with the court requesting a stay of the sheriff’s sale. To succeed, you generally must demonstrate good cause for the stay, such as a pending loss mitigation application, a meritorious defense to the foreclosure that was not previously raised, or procedural irregularities in the foreclosure process. The court has broad discretion to grant or deny a motion to stay. Your motion should be filed as early as possible before the scheduled sale date to give the court adequate time to consider it.
Emergency Applications: Order to Show Cause
When the sheriff’s sale is imminent and there is insufficient time for a standard motion, you can file an emergency application in the form of an Order to Show Cause (OSC). The OSC asks the court to issue temporary restraints halting the sale pending a hearing on the underlying motion. To obtain temporary restraints, you must demonstrate that you will suffer irreparable harm (loss of your home), that you have a likelihood of success on the merits of your underlying claim, and that the balance of equities favors granting relief. Courts can hear emergency applications on short notice, sometimes the same day or the day before a scheduled sale.
Bankruptcy Automatic Stay
Filing a bankruptcy petition (Chapter 7 or Chapter 13) triggers the automatic stay under 11 U.S.C. § 362, which immediately halts the sheriff’s sale and all other collection actions against you. The stay takes effect the moment the petition is filed with the bankruptcy court. Chapter 13 bankruptcy is particularly useful for homeowners because it allows you to propose a repayment plan to cure mortgage arrears over 3 to 5 years while keeping your home. However, if you have filed and dismissed a bankruptcy case within the preceding year, the automatic stay may be limited to 30 days unless extended by court order. If you have had two or more cases dismissed in the prior year, no automatic stay may apply at all.
Limits on Adjournments
While adjournments can delay a sheriff’s sale, they are not unlimited. Courts may deny a motion to stay if the case has been pending for an extended period without resolution, if prior adjournments have been granted without progress toward a resolution, or if the borrower has not demonstrated a genuine effort to cure the default or pursue loss mitigation. Bankruptcy repeat-filing limitations, as noted above, also constrain the use of the automatic stay. Strategic planning with an experienced attorney is essential to use adjournment tools effectively.
Call Friscia & Associates Today
If you have a sheriff’s sale scheduled on your New Jersey home, time is critical. Call Friscia & Associates at (973) 500-8024 immediately to speak with a NJ foreclosure defense attorney who can evaluate your options and take emergency action to adjourn the sale and protect your home.
Legal Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every foreclosure case is different, and outcomes depend on the specific facts and circumstances involved. If you need legal advice, please contact our office to schedule a consultation.