Please be advised that the following Conditions of Sale apply to every Sheriff’s e conducted by the Middlesex 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 on this sale, you agree to and are bound by these conditions.
Conditions:
- The highest bidder, as determined by the Sheriff, shall be the purchaser. If any dispute arises as to who may be the highest bidder, the property will be resold.
- The purchaser will pay twenty (20%) percent of the purchase price in certified funds, cashier’s check, money order 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.
- The defendant, defendant’s next of kin, or a non-profit corporation will pay a deposit of at least three- and one-half percent (3.5%) of the original upset or the final starting upset price, whichever is less, by certified funds, cashier’s check, money order or official bank check. The purchaser will also sign an acknowledgement of the purchase. By participating in this process, the purchaser agrees to be bound by the terms set forth on the acknowledgement of purchase.
- The defendant, defendant’s next of kin, tenant, or a non-profit corporation must pay the balance of the purchase money within ninety (90) business days. Interest will begin to accrue in the judgment amount after sixty (60) business days from the date of sale, time being of the essence. After the end of this 90-business day period, the bidder may forfeit the deposit and will be responsible for accrued interest. The property will be scheduled for auction at a Sheriff’s sale at a future date.
- If the defendant, defendant’s next of kin, tenant, or a non-profit corporation fails to comply with any of the conditions of sale, the property will be sold at a future date. The defendant, defendant’s next of kin, tenant, or non-profit development corporation fails to comply with any of the conditions of sale, the property will be sold at a future date. The defendant, defendant’s next of kin, tenant, or a non-profit corporation will be held responsible for all losses and expenses but receiving no benefit from such sale. The defaulting purchaser shall be liable to the foreclosing plaintiff for any additional costs incurred by such default. This condition is in accordance with Chapter 50 of Title 2A of the New Jersey Statues amending foreclosures of residential mortgages.
- Sale of property to the defendant, defendant’s next of kin, tenant, or a non-profit development corporation pursuant to the new law will not be valid until the Sheriff has received all applicable paperwork required under the CWPP Law.
- Apart from the defendant, the foreclosed upon defendant’s next of kin, tenant or non-profit development corporation purchasing residential property pursuant to the CWPP Law, may be required to reside in the property for at least 84 months. Violators of this provision may be subject to fines up to $500,000.00.
- Notwithstanding the 10-day redemption that all properties subject to the Sheriff’s sales are accorded, all purchasers are hereby notified that until all monies due and owing are paid in full, and a new deed is received and delivered, purchasers are not permitted access to all property purchased at Sheriff’s sales. If the property purchased is occupied by the previous homeowner, it will be your lawful responsibility to obtain a Writ of Possession. It is unlawful to harass, trespass or change locks without filing a Writ of Possession and submitting it to the Sheriff’s Office for execution and scheduling a date of eviction.
- This sale is subject to statutory adjournments. Plaintiff will be granted two adjournment requests. Defendant will be granted two adjournment requests. Defendants must make applications to the Superior Court of New Jersey, Middlesex 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 be disclosed. 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 any of the conditions of sale the property will be sold a second time at a future date. The original purchaser being held responsible for all losses and expenses but receiving no benefit from such sale. The defaulting purchaser shall be liable to the foreclosing plaintiff for any additional costs incurred by such default, including the difference between the amount bid by the defaulting bidder and the amount generated for the foreclosing plaintiff at the time of the resale. This condition is in accordance with Chapter 50 of Title 2A of the New Jersey Statues amending foreclosures of residential mortgages.
- 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 of 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 $77.00 will be charged for the preparation of a new deed.
- 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 for 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. 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.
Please note, the Middlesex County Sheriff’s Office only advertises Sheriff’s Sales on the Middlesex County website – Middlesexcountynj.gov. The Middlesex County Sheriff’s Office is not affiliated with any commercial real estate or on-line auction web sites.