After reading over the following information thoroughly, please feel free to contact the Sheriff’s Sales Division of the Office of the Sheriff at (856) 225-5531 or (856) 225-5551, if we can be of further assistance.
One of the functions of the Sheriff’s Office is to conduct the sale of real property after foreclosure proceedings have been completed.
This is a public service information bulletin. We hope this information is beneficial to those who would like to bid on properties but are unfamiliar with the conditions and manner of sale. Purchasing properties at a Sheriff’s Sale is an involved legal matter that brings with it certain risks. We recommend you consult with an attorney who specializes in these matters, as we cannot provide legal advice.
Foreclosure sales are for real property only; the Sheriff’s Office does not know if any structures are on the property. Further, we cannot give permission for prospective bidders to enter and inspect any structure that may be located on the property to be sold.
All properties sold at auction by the Camden County Sheriff’s Office are advertised on Tuesday in the Courier-Post and local weekly newspapers. Advertisements appear once a week for four consecutive weeks prior to the initial date of sale. Should the sale be adjourned for any reason after it has been advertised, it will not be re-advertised in the newspaper unless the case is completely closed and re-filed at a later date. As a result, you must independently keep track of any properties you are interested in purchasing. Please be advised that a sale can be adjourned, settled, cancelled or stopped for a number of reasons.
The Sheriff’s Office does not have a list for general distribution of the properties to be sold. Persons interested in properties can make their own lists from newspaper legal advertisements. When calling the Sheriff’s Office, please have the “CH” or “L” docket number available for the properties you have a question about.
In addition to the newspaper advertisement, notices of sale are posted for public viewing at the Sheriff’s Office on the second floor, Rm. 200 of City Hall, 520 Market Street, Camden, New Jersey. This posting cannot be removed from the Sheriff’s Office.
A list of foreclosure sales is also available here. Keep in mind the actual sales scheduled will change drastically as the date of sale draws closer. These changes will not necessarily be reflected on the website.
Sales of property are “open-type” auction sales (no sealed bids). The plaintiff opens the bidding at $100. All subsequent bids are made in increments of at least $1,000 each. The bidding will continue until the highest bid is reached, and the highest bidder will be the purchaser.
If you are the successful bidder on a piece of property, you are required to post a deposit of 20% on the total bid price. This payment must be in the form of a certified check, treasurer’s check, or cash ($500 limit). This payment must be made immediately following the signing of the Conditions of Sale. If a purchaser does not complete the sale, he can be held liable for his deposit.
The balance of the bid is payable at the end of the 10-day redemption period, but due no later than the 30th day from the date of sale. Lawful interest is charged on the balance due from the 11th to the 30th day. If the balance is not paid in full on the 30th day, purchasers will lose their deposit and are held responsible for all losses and expenses, but receive no benefits from the second sale. The sale is not considered fully completed until full payment is made.
The successful bidder, upon full payment of the bid, will receive a Sheriff’s Deed. This deed does not give clear title to the property. In order to obtain a clear title, one must satisfy all outstanding superior liens and encumbrances.
All sales may be subject to a first or second mortgage, and also municipal, state or federal liens. A title search will reveal this information and this search should be conducted prior to the purchase of any property, as the purchaser may be liable for certain liens, taxes or other liabilities.
There are private firms that charge a fee to conduct title searches. Their telephone numbers may be found via an online search or the yellow pages of the telephone directory. You may also do your own title search at the County Clerks office. An attorney will be able to advise as to title search procedures.
After the sale is completed, it is the purchaser’s responsibility to record the Sheriff’s deed at the Camden County Clerks Office. The purchaser is responsible for paying all realty transfer fees as well as deed recording fees. The Sheriff’s deed will allow you to apply to the Superior Court for a Writ of Possession, which is required in the event you need to have occupants evicted from the property.
It is the responsibility of the purchaser to notify the prior owner and/or occupant, if any, that the property has transferred title and the premises must be vacated. If an occupant does not voluntarily comply with the request, the purchaser must apply to the N.J. Superior Court for a Writ of Possession. Should there be valid lease or rental tenants occupying the property, the lease would bind the new owner. Any requests to have valid rental tenants removed will have to go through landlord/tenant court. Our office will serve the Writ of Possession upon the defendant after it is delivered to us along with the appropriate fees. At that time we will advise the occupants to vacate the premises within a particular period of time. If the defendant has not vacated by the stated tentative date, the Sheriff’s Office will set a final date and advise plaintiff of the date. A Writ of Possession is not necessary if the property is vacant after the sale.
The plaintiff is responsible for having a locksmith and moving van at the property to have the locks changed and have the occupant’s personal belongings removed and stored in a place of safe keeping at the set time of eviction. The costs for moving, first 30 days storage, and the locksmith are the responsibility of the plaintiff. At a typical eviction, the plaintiff’s movers will transport the defendant’s belongings to a storage facility that is rented out in the defendant’s name, and the plaintiff will pay for the first 30 days storage, after which it becomes the defendant’s responsibility to pay the storage.
Rights of Defendants
Prior to the sale, the Sheriff has the discretionary right to make two adjournments of the sale for the defendant (at the defendants request), and no more, not exceeding two weeks for each adjournment. The fee for each adjournment is $28. This payment must be in the form of a certified check, treasurer’s check or cash. This request for adjournment must be made in writing and prepared by either the defendant or his/her attorney. Thereafter, the defendant may petition the court or the plaintiff to ask for further adjournments.
The defendant has the right to sell their home privately prior to the sheriff’s sale and any arrangements made with them will have to be done other than through our office. The owner also has the opportunity to redeem the property for a period of 10 days from the date of Sheriff’s sale. The owner must call us to get a final payoff/redemption amount. You must call in advance of the expiration of the redemption period (at least 1-2 days) to allow our office time to reply with the redemption figure. Calling us at the last minute asking for the redemption amount will not change or delay the expiration of the redemption period.
Surplus Funds
Surplus Funds are defined as the amount of funds collected from a sale over the judgment amount, fees, costs and commissions that are due to the plaintiff and Sheriff. Surplus funds are generated when a third party purchaser buys the property for more than the upset amount. The main function of surplus funds is to pay any junior lien holders. Any funds left over after these lien holders are paid would be available to the defendant.
This can be ascertained by checking if the amount the property was sold for is more than the amount of the judgment. An example of this would be – Sold for is $150,000 & judgment is $120,000, there would be a possibility that there is a surplus.
The Sheriff’s Office sends any surplus funds to the New Jersey State Superior Court, c/o Trust Fund Unit, after the purchaser has paid the balance of the purchase price, fees are deducted and all financial transactions are finalized. This means that the funds may not be readily available immediately following the sale, as there are instances when the Trust Fund Unit may not receive these funds for up to two months after the sale.
If you are the homeowner with a foreclosure case docketed in our office and you believe there was a surplus from the sale of your home, you can contact our office or you can contact the Trust Fund Unit directly at 609-292-4012.
To speed your inquiry on a specific piece of property, it is helpful if you refer to the property by its “CH” or “L” file number (ex., CH 000000) or plaintiff and defendant last names, all of which appear in the legal advertisement.
All fees and commissions that are collected by the Sheriff’s Office are turned over to the General Treasury of the County of Camden.
SHERIFF’S FORECLOSURE SALES ARE CONDUCTED EVERY WEDNESDAY AT 12:00 PM.
This is a public service information bulletin. If you have any further questions, please consult your attorney.