Questions, answered

What is a writ of possession in a New Jersey foreclosure?

A writ of possession is the court order that lets the buyer at a sheriff sale take physical possession of the home. It is carried out by the sheriff's office on a scheduled date, and it is the lawful way a former owner who has not left can be removed.

The writ comes near the very end. After the sheriff sale, the roughly 10-day objection and redemption period runs, the sheriff's deed is delivered, and the new owner, often the lender itself, then applies to the court for the writ. The sheriff's office serves it on the household with a date by which the occupants must leave, and on that date officers can remove anyone still there and turn the property over. Until the writ is executed, the buyer has no right to change the locks, take your things or cut off utilities.

When a writ or a notice to vacate arrives, read the date first and plan backward from it. If you need more time because of a serious hardship, ask an attorney or Legal Services of New Jersey (1-888-576-5529) about asking the court for a short stay, and do it right away. Talk to the new owner too, because an agreed move-out date, sometimes with a relocation payment, is often worth more to them than a lockout. Take your belongings and photograph the home's condition before you leave. A writ against a former owner is different from evicting a tenant; renters in a foreclosed home generally have separate protections under New Jersey's Anti-Eviction Act.

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Educational information, not legal advice. Your own court documents control your deadlines; a licensed New Jersey attorney can confirm what applies to your case.

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