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One of the functions of the Ocean County Sheriff's Department is to conduct the sale of real property after foreclosure proceedings have been completed. We believe this information is beneficial to those who would like to bid on properties but are unfamiliar with the conditions and manner of sale.
Foreclosure sales are for real property only; the Sheriff's Department does not know whether or not structures occupy the property. Further, we cannot give permission for any prospective bidders to enter and inspect any structure that may be located on the property to be sold.
All properties sold at auction at the Sheriff's Department are advertised on Thursday in the Ocean County Observer and one other newspaper depending upon the location of the property. Advertisements appear four consecutive weeks prior to the initial date of sale. In addition to the newspapers advertising, notices of sale are posted at the Sheriff's Department, Justice Complex, Hooper Ave, Toms River, NJ.
The Sheriff's Department does not have a list of the properties to be sold for general distribution. Persons interested in following up on these properties must make their own lists by checking the legal advertisements in the newspapers or by checking the notices posted on the bulletin board at the Sheriff's Office.
Sales of property are open-type auction sales (no sealed bids). The Plaintiff bids a minimum bid of $100 on the first round. All subsequent bids are for a minimum of $100 each. The property is sold to the highest bidder. The successful bidder, upon full payment of the bid, will receive a Sheriff's Deed. The Sheriff shall deduct his fees, costs and commissions of sale from the total amount bid at the sale. Sales are subject to all outstanding liens, mortgages and encumbrances, which must be satisfied in order to obtain clear title. If a purchaser does not complete the requirements of sale, he may be held liable for Sheriff's Fees and certain penalties as per Order of the court and/of The Fair Foreclosure Act concerning the defaulting bidder.
If you are interested in a particular piece of property, we recommend a title search before you actually bid. Private firms listed in the yellow pages of the telephone directory conduct title searches.
If you are the successful bidder on a piece of property, you are required to post a deposit of 20% of the total bid price in Cash, Certified Check, Cashier's Check, or Treasurer's Check immediately after the close of that sale; the balance is due 30 days from the date of sale. To determine what funds you may need as a deposit, you must ascertain what your highest bid will be and then make out the certified check for 20% of the bid amount. Cash deposit would be the same. Total amount due, including Sheriff's fees, may be obtained on the day of sale by calling the Sheriff's Department. Certified checks should be made out to yourself and if you were the highest bidder, you would then endorse the check over to the Sheriff of Ocean County.
If the property you purchased is occupied, it is your responsibility to have the occupants removed. The purchaser must pay deed-recording fees to the County Clerk when the deed is recorded.
Anything in matters of redemption the defendants or their attorneys should refer to The Fair Foreclosure Act.
There are times when the sale of property is not completed on the date advertised because of adjournments, settlements or bankruptcies. We recommend that you call the Sheriff's Department on the date the sale is scheduled to determine the status of the sale.
To speed your inquiry on a specific piece of property, please be sure you have the name of the defendant, which appears in the legal advertisement. Further assistance is available through the Foreclosure Unit of the Sheriff's Department at 732-929-2044.
The title received at Sheriff's sale is governed by state statue N.J.S.A. 2A: 17-41. The purchaser receives the same title as if the debtor had sold the real estate to the purchaser. He receives no more, nor less, than the debtor owned prior to the Sheriff's sale.
The Ocean County Board of Health passed a Well Testing Ordinance 87-1, Section 10, on May 6, 1987, and amended on June 6, 1990, pertaining to the Sale or Transfer of Ownership of Real Property Upon Which A Well is Located, as follows:
No real property nor any interest in the same shall be sold or transferred after July 1, 1987, which utilizes a well for its potable water supply until the well has been sampled and analyzed. A complete copy of this Ordinance is available at the Office of the Sheriff.
SALES ARE CONDUCTED ON TUESDAY, 2:00 P.M.
SHERIFF'S DEPARTMENT
OCEAN COUNTY JUSTICE COMPLEX, THIRD FLOOR
120 HOOPER AVE, TOMS RIVER, NJ 08753
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