Sheriff’s Sales

Kessler Law represents purchasers at New Jersey Sheriff’s sales and Florida foreclosure sales in all matters relating to the bid, title, closing and possession, including writs of possession, ejectment actions, motions to vacate and the defense of applications by former owners and tenants to delay a lockout.

Title Review

We review the title commitment and work with the title agency and plaintiff’s counsel to clear title. Where liens were not advertised or announced, we negotiate to reduce the bid price. Where title cannot be cleared, we negotiate to vacate the sale.

Extension of Time to Close

We obtain additional time to close on a bid and oppose motions to vacate a sale for a bidder’s failure to close. Where the Sheriff requires a court order to deliver a deed, we negotiate a consent order with plaintiff’s counsel or move to compel delivery.

Hard Money Financing

We represent Sheriff’s sale purchasers in closing hard money loans at the time our client takes title.

Writs of Possession and Ejectment

We obtain writs of possession to remove former owners and arrange the lockout with the Sheriff’s office. Where the occupants are neither former owners nor tenants, such as family members, guests or squatters, we bring ejectment actions.

Tenancy Matters

We serve tenants of the foreclosed property with notice of the new ownership and direct that rent be paid to our client. Where appropriate, we serve notices of rent increase and new leases, and we commence nonpayment and holdover actions to collect rent due to the new owner.

Bankruptcy

When a former owner or tenant files a bankruptcy petition to stay completion of the sale or a lockout, we move in the bankruptcy court for relief from the automatic stay.

Motions to Vacate

Where a successful bidder learns after the sale of an undisclosed structural or environmental condition, or otherwise determines not to complete the purchase, we negotiate with plaintiff’s counsel to vacate the sale or, if necessary, file a motion to vacate.