| MONMOUTH
COUNTY FORECLOSURE PROCEDURES
Current
Foreclosure Sheet
|| Current Foreclosure Sales (Excel Spreadsheet)
|| Schedule
Prior Liens || Inspections
|| Newspaper Listings
Adjournments || Minimum Deposit || Default
|| More Information
Conditions
Of Sale || Foreclosure Glossary
|| Surplus Funds
Schedule
Homes, businesses and properties in foreclosure are subject to auction
pursuant to court order. Sheriff's sales are held as an open auction
every Monday at 2:00 p.m. in the Hall of Records Annex,1 East Main
Street, (Freeholder's Meeting Rooom 2nd Floor) Freehold, NJ. If
a holiday occurs on a Monday, sales will take place on Tuesday at
the same aforementioned time and place.
Prior Liens
All sales are subject to a first mortgage, and also municipal, state
or federal liens, if any. A title search will reveal this information
and it is advised that this search be conducted prior to the purchase
of any property as the purchaser must assume these liabilities.
An attorney will be able to advise you as to title search procedures.
Inspections
Inspection of the property is not permitted. The defendants do,
however, have the right to sell their home prior to the sale and
any arrangements made with them will have to be done other than
through our office. The property can be redeemed by the owner up
to 10 days after the sale.
Newspaper Listings
All foreclosures are published for four consecutive weeks prior
to the originally scheduled sale date in two Monmouth County newspapers.
They can all be found in the NEWARK STAR LEDGER, usually the Wednesday
edition. Or online at the Star Ledger website at http://www.nj.com/classifieds/notices/
Adjournments
Please be advised that a sale can be adjourned, settled, cancelled
or bankrupt at any time and it is, therefore, advisable to log onto
the Sheriff's Office website at www.visitmonmouth.com/sheriff
to determine whether or not a sale is still scheduled. If you
do not have access to the internet you can contact our office for
sale information.
Minimum Deposit
At the time of the sale, the attorney for the Plaintiff will open
the bidding at $100.00. Bidding will continue in $100.00 increments
until $150,000 at which time bidding will increase to $1000.00 increments
until the highest bid is reached. The successful bidder shall produce
20% of the bid as a deposit at the auction (cash or certified check) and the balance
will be due in 30 days. The Plaintiff's attorney normally does not
allow the bid to go for less than the outstanding judgment.
If a petition in bankruptcy is filed after the sale occurs, the
purchaser's deposit will not be returned to the purchaser. The Sheriff
will hold the deposit without interest until further directed by
the Court or upon consent of counsel.
Default
If for any reason the purchaser refuses or is unable to pay the
balance of the bid within 30 days after the sale, the property will
be re-advertised and re-sold at the purchaser's expense. Failure
to pay the balance of the bid will result in deposit money being
retained by the Sheriff's Office as liquidated damages.
The purchaser may take possession of
the deed after the passing of the 10 day redemption period and upon
payment of the balance of the bid unless an objection to the sale
is served upon the Sheriff prior to the delivery of the deed. In
the event of a redemption, the purchaser will be refunded the full
amount of the deposit. If the purchaser is in need of an extension
of time to pay the balance of the bid, this additional time may
be granted by the Plaintiff.
It is the purchaser's responsibility
to record the deed at the Monmouth County Clerk's Office. It is also
the responsibility of the purchaser to notify an occupant, if any,
that the property has been transferred title to and that the premises must be
vacated. If an occupant does not voluntarily comply with the request,
the purchaser must apply to the Court for a Writ of Possession.
Our office will serve the Writ upon the occupant which will advise
him/her to vacate the premises by the stated date. The attorney
for the purchaser must set a date to have a moving van sent to the
property; remove the occupant's personal belongings; and, store those
belongings in a place of safe keeping.
Surplus Funds
Surplus Funds are defined as the amount of funds
collected over the judgment amount, fees, costs and commissions
that are due to the plaintiff and Sheriff. The main function of
surplus funds is to pay any junior lien holders. Any funds left
over after these lien holders are paid are available to the
homeowner.
From our current list, you can ascertain if there
are surplus funds by checking if the amount the property was sold
for is more than the amount in the judgment column. An example of
this would be: Sold for is $150,000 & Judgment is $130,000;
it’s safe to assume that there is $20,000 in surplus. This surplus
should be returned to the homeowner.
Funds are sent to the NJ Superior Court, c/o Trust
Fund Unit after the purchaser has paid the balance of the purchase
price. This means that the funds are not readily available immediately
following the sale, there are such instances when the Trust Fund
Unit will not receive these funds for up to 2 months after the sale.
If you are the homeowner in a foreclosure
in our office and you believe there is surplus from the sale of
your home you can contact our office or you can contact the Trust
Fund Unit at 609-292-4012.
Foreclosure Glossary
Bankrupt: Mortgagor has filed for bankruptcy
protection.
Reinstated: Arrearages have been paid and mortgage is now current.
Settled: Mortgage has been paid - usually in full.
Cancelled: Sale withdrawn.
Sold: The property has been sold.
Redeemed: Judgment is paid off within 10 days of sale.
In all above instances, property is NO LONGER AVAILABLE.
On for (date): The auction for this property will occur on this
new date.
More information
If any further information is required, you can call (732) 431-7141
between 8:30 a.m. and 4:30 p.m., Monday through Friday
Current
Foreclosure Sheet

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