New Jersey ยท money left over after a tax-deed sale

You can claim it yourself, no finder needed

Who holds it

Clerk of the Superior Court (the sheriff deposits the surplus after a court-ordered sheriff's sale or online auction)

How long

You must ask for a sheriff's sale before final judgment; any surplus is then held by the Superior Court until claimed by motion

How you claim

In the tax lien foreclosure, send the Superior Court a written demand, before final judgment, for a sheriff's sale or sheriff's online auction. Surplus is deposited with the court clerk, and you claim it by motion. If no sale is demanded before final judgment, you have no claim to the equity, and if no one bids at the sale, the law presumes there is no equity.

If someone offers to do it for you

Checklist: New Jersey, money left over after a tax-deed sale

Who holds it: Clerk of the Superior Court (the sheriff deposits the surplus after a court-ordered sheriff's sale or online auction)

How long: You must ask for a sheriff's sale before final judgment; any surplus is then held by the Superior Court until claimed by motion

How you claim: In the tax lien foreclosure, send the Superior Court a written demand, before final judgment, for a sheriff's sale or sheriff's online auction. Surplus is deposited with the court clerk, and you claim it by motion. If no sale is demanded before final judgment, you have no claim to the equity, and if no one bids at the sale, the law presumes there is no equity.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Read the bold notice in the foreclosure complaint about your right to demand a sale
  2. Before final judgment, file a written demand with the Superior Court for a sheriff's sale or online auction
  3. After the sale, check whether surplus was deposited with the Superior Court clerk
  4. File a motion for the surplus funds in that case

Documents

What it costs you

$50 court motion fee; the certificate holder may take 10% of the surplus (up to $5,000) plus unpaid costs

If someone offers to do it for you

Official links

Source: N.J.S.A. 54:5-87; N.J.S.A. 54:5-98.1; N.J.S.A. 54:5-98.2; N.J.S.A. 2A:50-37; N.J.S.A. 54:5-89.1; N.J.S.A. 46:30B-41. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.