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Rowie Enterprises, Inc. v. Florio

A-6105-99T3, 2001 WL 1133501 (N.J. Super. App. Div. 2001) (Unpublished)

FORECLOSURE—If an initial sheriff’s advertisement states that the right to adjourn a foreclosure sale is reserved without the need to publish further notice, then the sheriff cannot insist that the foreclosing mortgagee pay for the cost of publishing additional notice.

A foreclosure sale was advertised by a Sheriff and “specifically reserved the Sheriff’s right to adjourn the sale ‘without further publication.’ The Sheriff’s Sale was subsequently adjourned by virtue of the automatic stay invoked when the mortgagor filed for bankruptcy. When the bankruptcy trustee “abandoned” the property, the mortgagee requested the rescheduling of the foreclosure sale, but the Sheriff refused to do so unless the mortgagee paid an additional deposit in order to readvertise the sale. The Court ruled that the Sheriff was without authority to demand additional deposit because N.J.S. 2A:61-6 “specifically states that an advertisement upon adjournment of a sheriff’s sale shall be republished ‘unless the original advertisement of the sale specifically reserved the right to adjourn the sale, in which case no further notice need be published.’ Here, the Sheriff’s original advertisement of the sale clearly provided that the scheduled sale could be adjourned without further advertisement.

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