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50 East Main Street
Freehold, NJ 07728
Telephone: 732.431.7139
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Conditions Of Sale
Monmouth County Sheriff's Office
Conditions of Sale
Foreclosures
Please be advised that the following Conditions of Sale apply to every Sheriff's sale conducted by the Monmouth County Sheriff's Office. This is an open auction with competitive bidding. The Plaintiff will open the bidding at $100.00. Bidding will continue in $1000.00 increments until the highest bid is reached. By bidding at this sale you agree to and are bound by these Conditions:
- The highest bidder, as determined by the Sheriff, shall be the purchaser. The Sheriff's decision as to the successful bidder is final. If a dispute arises as to who succeeds as the highest bidder, the Sheriff is unable to determine the successful bidder, and the dispute cannot be resolved by the Sheriff, the property will be resold.
- The purchaser will pay twenty (20%) percent of the purchase price in cash, certified check or official bank check at the close of sale and sign an acknowledgment of the purchase. By participating in the sale, the purchaser agrees to be bound by the terms set forth on the acknowledgment of purchase if the purchaser is the successful bidder.
- If the purchaser does not comply with the deposit requirements as specified above, the property will be resold.
- All successful bidders, including the plaintiff, shall be responsible for payment of the Sheriff's fees and commissions which will be calculated on the amount of the successful bid.
- The purchaser must pay the balance of the purchase money within thirty (30) days. Interest will begin to accrue on the judgment amount after the tenth (10) day from the date of sale, time being of the essence. The purchaser shall be responsible for Sheriff's fees and commissions in accordance with applicable statutes. The successful bidder must pay all fees, costs and commissions within thirty (30) days of the sale or the sale may be voided by the Sheriff and the property rescheduled for sale.
- This sale is subject to statutory adjournments. Plaintiff will be granted unlimited adjournment requests. Defendant will be granted two adjournment requests. Defendant must make application the Superior Court of New Jersey, Monmouth County, Chancery Division, for an order permitting any additional adjournment requests. This sale is sold subject to unpaid taxes, assessments, water rents and such facts as an accurate survey and title search of the premises might disclose. All liens shall survive the foreclosure judgment. Plaintiff shall disclose and describe the amount of such liens and encumbrances immediately prior to sale. The Sheriff is not responsible for any misrepresentations or omissions, intentional or otherwise, made by plaintiff as to the existence and amounts of liens and encumbrances or as to the value of the asset being sold.
- If the purchaser fails to comply with these conditions of sale, the property will be resold at a future date. The defaulting purchaser will be responsible for all such losses and expenses incurred, but receive no benefit from the second sale. The balance of the deposit will be remitted to the Court by the Sheriff for application by interested parties for turnover. No portion of the initial deposit monies will be credited or applied to a successive bid if made by the defaulting purchaser subsequent to a default. If the defaulting purchaser re-bids at a future sale, they will be required to submit an additional twenty (20%) percent deposit in cash, certified check or bank check at the close of the subsequent sale.
- Please note that in the event of an assignment of bid, the purchaser must provide the Sheriff with the assignee's name within seven (7) days from the date of sale. Failure to provide this information will result in preparation of a deed with the original purchaser's name. If the original deed needs to be amended or replaced a cost of $100.00 will be charged for the preparation of a new deed.
- If a petition in bankruptcy is filed subsequent to the filing of a writ of execution and cancellation of the sale occurs at the request of the plaintiff, defendant or party in interest, and/or a request is made for a return of the writ prior to the scheduling of the Sheriff's sale, but subsequent to a filing of a petition in bankruptcy, or if the writ is returned upon the order of a court of competent jurisdiction or the sale discharged/cancelled by a court of competent jurisdiction, and/or a plan of reorganization is adopted by the bankruptcy court and the debt is subsequently paid, a commission shall remain due and owing to the Sheriff in an amount equal to one-half of the statutory commission as a settlement pursuant to N.J.S.A. 22A:4-8, which shall be due and payable from the plaintiff.
- If the plaintiff overbids his judgment amount, plaintiff will be responsible for the surplus which will be remitted to the Court by the Sheriff for application by interested parties for turnover. The plaintiff shall also be responsible for payment of the Sheriff's fees and commissions which will be calculated on the full amount of the successful bid.
- 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.
- A property may be redeemed, without qualification or condition, from foreclosure by the mortgagor at any time up to 10 days after sale. Only the mortgagor, in person, can make the redemption. In order to redeem, the mortgagor, must pay all amounts due pursuant to the foreclosure order or judgment, without qualification or condition, by certified or bank check drawn on a New Jersey banking institution account, which shall include any additional amounts determined and adjudged to be due by supplemental or subsequent Court orders. The mortgagor will be responsible for showing valid photo identification to the Sheriff's Office when remitting the payment for redemption.
- Once a Writ of Execution is received and filed by the office, no sale shall be canceled without receipt of a written communication explaining the reasons for the requested cancellation. If the Writ has been settled, the office must be informed of the settlement, including the general terms of the settlement, the amount of the settlement and the date of the settlement.
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