How Can a Sheriff’s Sale Be Delayed or Stopped in New Jersey?

New Jersey law gives homeowners facing foreclosure several ways to postpone—or, in some cases, completely stop—a scheduled Sheriff’s Sale. Acting before statutory deadlines expire is essential, because once the deed is delivered your rights narrow dramatically.

Current Options (updated 2025)

1. Statutory Adjournments — N.J.S.A. 2A:17‑36
   Homeowners may unilaterally request two adjournments. Each pushes the sale out by a date of the homeowner’s choosing not more than 30 calendar days from the currently‑scheduled date. A third adjournment is permitted only if the lender consents in writing, and any further delay requires a court order. The statutory fee is $28.00 per request (payable to the county sheriff).
2. Court‑Ordered Stay
   After statutory adjournments are exhausted—or if urgent relief is needed—either party may move for an Order Staying the Sale. The applicant must show “good cause” such as a fully‑submitted loan‑modification agreement awaiting underwriting, a bona‑fide short‑sale contract, or clear evidence of lender error or misconduct. Courts retain broad discretion and will often require sworn certifications and, in some instances, escrow payments.
3. Active Loss‑Mitigation
   A Sheriff’s Sale may also be postponed administratively if the lender’s counsel submits a written request to the Sheriff stating that loss‑mitigation (modification, short sale, deed‑in‑lieu) is in progress. Homeowner requests alone seldom suffice—coordination with the servicer is key.
4. Bankruptcy Filing — 11 U.S.C. §362
   Filing Chapter 7 or Chapter 13 triggers the automatic stay, stopping the sale immediately upon filing. In Chapter 13, arrears can often be cured over 36–60 months, provided the debtor has regular income.
5. 10‑Day Objection/Redemption Period — R. 4:65‑5
   After the hammer falls, the homeowner still has 10 days to redeem (by paying the judgment, interest, costs, and sheriff’s fees) or to move to set aside the sale for legal defects. Once the Sheriff delivers the deed, the right of redemption ends.

Bottom line: Every foreclosure timeline is fact‑sensitive. Engaging experienced counsel early maximizes your options and minimizes costs.

Get Experienced Help Today

Friscia & Associates has defended hundreds of New Jersey homeowners. Call our Newark office at (973) 500‑8024, our New York office at (212) 960‑8308, or contact us online for a free, confidential consultation.