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How Do I Stop a Sheriff's Sale?

Feb. 16, 2021

When a sheriff's sale is listed on the records of the county sheriff's office in New Jersey, that sheriff's sale information is a public record. Many lawyers can get access to those public records, which means that the lawyers can find out which homeowners are scheduled for a future sheriff's sale. Lawyers then use this information to send "attorney advertising" letters to people that are facing sheriff's sale in the near future, and by doing this the lawyers are hopeful that they will get some of these homeowners to sign up as clients.

The same technique is used by non lawyer companies that are trying to solicit business, and many of these companies could very well be con artists and scam artists, trying to take advantage of people that are in trouble.

I like to do my best to help people who are in foreclosure save their home. So every once in a while, I write a letter to people on the sheriff's sale list, and I usually get what is considered to be a fairly good response rate. The letters are designed more to educate and enlighten than to just look for business, and below is a sample of the type of letter I might be sending out to someone who has just had his home or other property placed on an upcoming sheriff's sale calendar.




If a lawyer has already been retained this letter is to be disregarded.

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You are probably aware that your property has been listed for a sheriff's sale. We have obtained this information from public records which indicate that the sheriff's sale date has been scheduled for:


Many homeowners don't fully understand their legal rights, and they think that once a SHERIFF'S SALE HAS BEEN SCHEDULED that's the end.

But the truth is that it's not the end. It could be the beginning of your next opportunity to STOP THE SHERIFF'S SALE AND SAVE YOUR HOME. But you need to act quickly. This is serious business, so unless you just don't care if you lose your home or other property, please realize that you may have the right to completely stop or delay that sheriff's sale for quite some time.

You may have already received a lot of letters from all sorts of people, and you have no idea who they are – can they really help you, or are they just trying to get your money? Are they real, or are they just scams?

Do you want to do business with people and companies that you have no idea who they are, or if they are even real, or would you rather personally meet with, talk with and get honest and truthful information and advice from a local lawyer whom you can easily check out?

There's no substitute for experience, and there's no substitute for honesty and trust.




Everything I say here may not apply to you because everyone's situation is a little bit different. What I would like to do here is to give you some general legal principles that usually apply to people that are facing a sheriff's sale in New Jersey.

  • Have you asked the sheriff's office to postpone your sheriff's sale date? Most people in New Jersey that face a sheriff's sale have the right to request 2 postponements, Each postponement is for 28 days. Some counties charge a small fee to give you a postponement, and some counties do it for free.

  • If it is more than 37 days from when your sheriff's sale is scheduled to take place, you might be able to stop the sheriff's sale by applying for a mortgage loan modification. If this is approved, you can save your property and you might also reduce your interest rate and the amount of your monthly mortgage payment.

  • Did you know that you could pay someone a lot of money to help you get a modification, but you can also use a non profit agency to help you get a modification for free? I can introduce you to a very reputable, reliable, and totally professional non profit agency that's helped many of my clients get a free mortgage loan modification and save their property.

  • Most people can save their home and other property by filing Chapter 13. Chapter 13 is a great way to save your home, and it will always work if you can do what you are required to do. You should be aware of the following rules that usually apply to Chapter 13:

  • When you file Chapter 13, it will generally stop the sheriff's sale dead in its tracks. As long as your chapter 13 case and plan have been set up properly, and you do what you are required to do, you can forget about that sheriff's sale. If you do what you need to do, you save your home from foreclosure.

  • In order to save your home, you propose a reasonable plan to cure your mortgage arrears. The Court can give you 5 years to make monthly payments and catch up on your arrears.

  • All of your other creditors will also be stopped cold. In other words, none of your other creditors can call you, harass you, send you emails, write you letters, etc. The ultimate goal would be to wipe out all of the bills and have all of those debts forgiven by the bankruptcy court while you keep all of the property you own.

  • In a totally successful chapter 13 case, our clients keep whatever they own, including their home, their cars, the money in their bank accounts, their retirement plans, etc., and they legally wipe out all of their unsecured debts such as credit card bills, medical bills, personal loans, payday loans, surcharges on their driver's license, old income taxes, internet bills, utility bills, and lawyer bills. Those type of debts are totally forgiven by the Court.

  • Here's an example of how Chapter 13 works when you're behind on your mortgage. Let's assume that your mortgage payments are $1,000 a month. You are 20 months behind, and you file Chapter 13. In the future, you will be required to pay your regular monthly mortgage payments on time. As to the $20,000 you're behind, the court will give you 5 years to pay that back in a monthly installment plan for 60 months. Therefore, if you can make your regular monthly payments in the future and pay an additional payment every month for the next 60 months to cover the $20,000 of arrears, plus any additional payments that have to be made through the plan, you will save your house.

  • What if you can't make all of your mortgage payments and make a Chapter 13 pay back plan work for you? Even if you don't have the money to pay back the arrears over 5 years, you can still take advantage of the Chapter 13 process. First, by filing Chapter 13, you can stop the foreclosure from going forward, and you can also stop a sheriff sale. Second, you can try for a loan modification as a part of the Chapter 13 process. Even if you tried for a loan modification before and were denied, you still could, in most situations, apply for a modification as a part of the Chapter 13 process under the supervision of the court.


Do you realize that you could own your home free and clear, without any mortgage, but your home could still be taken away from you if you don't pay your real estate taxes? We recently had a senior citizen come in with a challenge. He owned 3 homes without any mortgages at all. But due to unfortunate financial problems, he had been unable to pay the real estate taxes for 3 years. He owed about $40,000 in taxes, and his homes were worth about $300,000. Fortunately, he came to see me, because he could have otherwise lost his properties. All because he owed the township some real estate taxes. Does that seem like a fair law?

Well, the good news is that if you file for chapter 13 before you lose ownership of the property, the Court will give you 5 years to pay back your taxes, by paying monthly payments plus interest, and you should no longer be in jeopardy of losing your home for not paying your real estate taxes.

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I hope that I have given you some choices and alternatives that you may not have been aware of. If you need to file for bankruptcy or seek other relief, I don't want you to feel ashamed or guilty. There is no shame in using the laws in this country to help yourself have a better life in the future. You deserve it! If you owe a lot of money to mortgage companies and various other companies, I usually tell my clients not to feel badly for the creditors. They have probably made lots of money from you already, and they could probably care less about you personally. If someone files for bankruptcy or seeks other relief, that is not a surprise to the creditors. They know that many people are going to take advantage of the laws for their own benefit. Bankruptcy is in the United States Constitution, and if someone needs to file for bankruptcy, they are exercising their constitutional right. I hope I have given you some choices and alternatives.

I've been a lawyer since 1973, and I've learned a lot about the legal system in the last 47 years. My goal is to help as many people as possible with the knowledge I have accumulated over the years.

I have been very blessed in my life, and I believe that it is my responsibility to serve and to share all of the gifts and talents that God has given me so that I can be a blessing to others.

If you would like to learn more about your legal rights when you face the potential of losing your home or other property, I can supply you with a lot more information and documentation. I have a lot of material that I can send you or email you for free.

If you would like to learn more and would like to speak with me, call me . We are open from 9 am to 6 pm. I'm not one of those attorneys who avoids taking phone calls. I take my calls promptly, and I take as much time as my clients need.

If you want to communicate with me by email, my personal email is lawfirm2023@aol.com. I also offer a totally free office consultation with no obligation whatsoever. If you'd like to talk, please email me or call me.

These are very tough times for just about everyone. I believe that crisis often creates opportunities, and I have confidence that in these challenging times I have the skills and knowledge to help many people create opportunities for a better life for themselves and their families, and move forward towards a much brighter financial future. I'd like to have the opportunity and the privilege to help you achieve debt relief and stress relief.

Check out our website. wipeoutyourbills.com Wipe Out Your Bills and Save Your Home.

Very truly yours,

Seymour Wasserstrum, Esq.


This letter is from Attorney Seymour Wasserstrum. We serve clients throughout the state of New Jersey. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

If this letter is inaccurate or misleading, you may contact the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, New Jersey 08625.

P.S. I've been a licensed New Jersey attorney for 47 years. I've learned a lot, and I do my best to use my knowledge to empower my clients, to offer them debt relief and stress relief, and to give them hope for a much brighter financial future in the years ahead. Times are tough, but so are people.

You just might be a lot stronger and a lot tougher than you realize.

I'd like to teach you things that the mortgage companies wish you never knew.

Call me for a totally free, no obligation consultation.

I think you'll feel a lot better after we talk.

P.P.S. We'd like you to know one more thing. If you've got lots of other debts, like credit card bills, medical bills, personal loans, car payments, utility bills, pay day loans, old income tax bills, surcharges on your driver's license, or if you are getting sued, we just might be able to get you totally out of debt in four months by filing for chapter 7 bankruptcy. It's a great solution for getting a totally fresh start. Just check out our website and learn a whole lot more at:

www.wipeoutyourbills.com. Wipe out your bills and get a fresh start.

I'll be happy to give you a totally free consultation and answer all of your questions. So if you're ready to decide what would be the best way for you to stop this upcoming sheriff's sale, and if you are really ready to learn more about the ways to help you save your home for the long term, feel free to call me anytime, but please make sure that you call me before the sheriff's sale happens.

I will speak to you for free, no time limit, no obligation, and I will give you totally truthful answers to all of your questions. And based on my 47 years' experience as a New Jersey lawyer, I know that most people facing a foreclosure and potential sheriff's sale still have several real opportunities to save their home – they just have to realize that there is still hope. They have to realize that they really don't have to fear that sheriff's sale – they can almost always stop it, and there is probably still time to save their home.


Let me give you one more pointer. If for whatever reason you choose not to stop the sheriff's sale, you do not have to leave your home on the day of the sheriff's sale. I have clients who have continued to stay in their former home for weeks and even months after a sheriff's sale. So if you are just not interested in saving your home for the long term, but you want to know how to stay there for as long legally possible, give me a call.

And I might just add one final piece of information. If you are going to give up your home, we have sometimes been able to get our clients money for voluntarily leaving their home, and not making the mortgage company go through what could possibly be a very expensive legal procedure to force people to leave. They often call this program Cash for Keys, or something like Reimbursement for Moving Expenses.

We wish you the very, very best.

So the above is an example of the type of letter that I write to people that are facing a sheriff's sale. It's a lot different than the type of typical one page letter they would normally get from someone who is only interested in soliciting their business while they are facing very challenging and troublesome times in their lives. My goal is to educate them and help them realize that an upcoming sheriff's sale is not the end of their world. There can still be much brighter days ahead waiting for them, and there are many things they can still do to stop the sheriff's sale and save their home from foreclosure.

The main point is DON'T GIVE UP just because your property is scheduled for a sheriff's sale. You still have a fighting chance, and its a good idea to get yourself a strong, knowledgeable attorney who can help you fight for your rights.

Seymour Wasserstrum