Writ Of Possesion NJ

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Hi...we just received a writ of possesion today. Our house was sold at a sherriff sale about 4 months ago, the purchaser of the house only contacted us and paid for the house 2 weeks ago. After the representative came to see us we explained that we have been waiting for them to pay for the house as we are entitled to 109,000 surplus from the sale...he said he would call me to see what we could work out. Well, I guess they chose to go to the courts without trying to work it out directly. We have three children (the youngest only 11 months) and no where to go...we have spent all of this time waiting for someone to call us...the rep. had stated that the company had forgotten about our property until they received a notice from the sherriffs dept. My question is since the writ of possesion is for only 30 days can I go to court to give us some more time and if so what do I need to do this? We have been maintaing the house even after the sale, we don't want to make things difficult but it wasn't us who forgot they purchased a house for 340,000 like it was nothing....had they paid when they were supposed to the funds would already be in Trenton and we would have already filled out the forms to retrieve them. If they can forget about this property for over 4 months what is another 2 to 3 months? PLEASE HELP!

Comments(6)

  • cjmazur30th June, 2004

    I think I'm confussed.. But if I'm not...

    if you're due the 109K from the trustee, call the trustee and get it.

    If you go to court contesting the writ, bring documention that you're owed the 109K, and perhaps the judge will help you collect, or at least stay the writ of possession.

    Does NJ law allow for a 4 month delay after the sale for payment?

  • sylshouse30th June, 2004

    I'm not sure , from what I understood after a house is purchased at the sherriff sale it was to be paid in full within 4 to 6 WEEKS, not months. I have already contacted Trenton Surplus Department and although the funds are now there it has to be placed into the system BEFORE they can even send me the forms to request them. Although what happened to us is bad we do feel somewhat lucky to at least came out with a substantial amount of money....we are now trying to find an attorney to help us get some more time as well as help us obtain the funds due to us. If anyone knows of a NJ lawyer who can do this please let me know ASAP. Thank you in advance for any assistance!!

  • TheShortSalePro30th June, 2004

    I have a terrific, bright and compassionate attorney (near you) that I often recomend to our Clients who have unusual real estate problems.

    PM me and I'll happily give you his name and number.
    [addsig]

  • sylshouse30th June, 2004

    Thank you, that would be great. I tried to PM you and it came up that I had to upgrade my membership, when I tried it keeps coming up "operation timed out" and I don't really have time to play with this....if you could please email it to me that would be fantastic.....email address is **Please See My Profile** thanks again!!

  • sylshouse30th June, 2004

    I hope you can get through to my email....i am going to post it so it is not hidden....anyone who can help please email me right away!!! THANKS!!

    sylvie33 @ optonline . net

  • sylshouse1st July, 2004

    well, now to make matters even more difficult a court officer came here to serve our tenants with an eviction notice at 11:30 at night no less. I thought that they would have to leave her alone as she has a lease but now I am finding I was wrong.....this poor woman has her 3 children and is on her own, but I guess fromt he investors point of view it's just another "oh well" . I can certainly understand getting us the previous homeowner out but why pick on this poor woman who had nothing to do with this but pa her rent every month to provide a place for her and her children to live. I am hopeful that someone will give me the name of a good lawyer in the area as I will direct her to speak to them as well. Anyone with any info, please help.....this is more then just a matter of realestate and a fast buck, these are peoples lives.

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