14. EVENT FOURTEEN: SALE.

PLAINTIFF/MORTGAGEE:

Attorney mails out notice of sale to record owner (as of commencement of

action), and every party appearing in action at least 10 days prior to sale.
Proof of service of Notice of Sale sent to Foreclosure Unit, R. 4:65-2; R. 1:5-2.

Sheriff must deliver deed to successful bidder within fourteen (14) days of sale.
N.J.S.A. 2A:50-64.

DEFENDANT(S)/MORTGAGOR:

Owner and appearing parties (or their attorneys) receive notice of the Sheriff’s
Sale. Sheriff may give up to two (2) adjournments up to fourteen days each.
Only other adjournments after the second request would be by an OSC filed with
the court prior to the sale date, or the debtor filing for bankruptcy relief.

After the sale, original mortgagors have a right to redeem the property. See
Event Fifteen.
COURT/STAFF AND FORECLOSURE UNIT:

Vicinage Judge only gets involved if mortgagor requests further adjournment

after the Sheriff grants the allowable number of adjournments or there is
objection to sale within 10 days after sale occurs. Vicinage Judge will then hold
hearing on the request for further adjournment or objection to the sale. OSC to
be filed to stay sale (for good cause).

Suggested practice: Recognizing that pro se litigant usually comes to

Vicinage Judge without any formal OSC-Vicinage Judge should hear
application and entertain objection on record or by phone conference with
plaintiff’s attorney present by speaker phone. See model form of application
and order attached as Exhibits D and E. The pro se defendant should be
given a copy of the signed docketed Order and a copy should be faxed to
plaintiff’s attorney. A provision should be included in Order as to who shall
notify sheriff of results of hearing.

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15. EVENT FIFTEEN: REDEMPTION.

PLAINTIFF/MORTGAGEE:

Procedure for redemption requires payment directly to Sheriff within ten (10)
day period. Alternatively, motion should be made to Vicinage Judge with notice
to Sheriff and plaintiff, which includes tender or offer of tender of amount due.

DEFENDANT(S)/MORTGAGOR:

Mortgagor has right to redeem until ten (10) days after Sale (the time within
which to file objection to Sale -- R. 4:65-5) and if objection is timely filed until
order confirming Sale is entered. (But see East Jersey S&L v. Shatto, 226
N.J.Super. 473 ( Ch.Div. 1987), which states that if objection is a “sham”, right
of redemption is not extended).

COURT/STAFF AND FORECLOSURE UNIT:

If objection to Sale is filed within ten (10) days of Sale, the Vicinage Judge
should schedule hearing not more than twenty (20) days after the Sale. If
Vicinage Judge approves Sale, an Order of Confirmation of the Sale should be
entered ordering the Sheriff to deliver deed to successful purchaser. See
Hardyston Nat’l Bank v. Tartamella, 56 N.J. 508 (1970).

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