Last updated: 2/1/2023
Notice Of Motion Certification And Order To Stay Sheriffs Sale {11277}
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Description
Plaintiff or Filing Attorney Information: Name NJ Attorney ID Number Address Telephone Number SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION COUNTY GENERAL EQUITY PART Docket No FPlaintiff, v. ,et al Defendant. CIVIL ACTION Notice of Motion To Stay Sheriff's Sale TO: (Plaintiff's Attorney Name) (Plaintiff's Attorney Address) (General Equity Clerk) (Courthouse Address) PLEASE TAKE NOTICE that on Friday, , 20 , at 9:00 o'clock in the forenoon, or as soon thereafter as I/we (or my/our counsel) may be heard, the undersigned, shall apply before the Superior Court of [insert your name(s)] New Jersey, Chancery Division, General Equity, at the County Court House for an order (a) staying the sheriff's sale, and (b) such other relief as the Court may deem equitable and just. PLEASE TAKE FURTHER NOTICE that in support of the motion attached hereto is my/our certification. Oral argument is requested. Date Signature Type or Print Defendant's Name Date Signature Type or Print Defendant's Name American LegalNet, Inc. www.FormsWorkFlow.com Revised 11/17/2014, CN 11277-English page 3 of 8 Plaintiff or Filing Attorney Information: Name NJ Attorney ID Number Address Telephone Number SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION COUNTY GENERAL EQUITY Docket No FPlaintiff, v. ,et al Defendant. CIVIL ACTION Certification In Support of Stay of Sheriff's Sale hereby certifies and says: [insert your name(s)] 1. I / We am / are the owner(s) of property known as (insert property address) , New Jersey. 2. I / We am / are the borrower(s) and mortgagor(s) on a loan secured by a mortgage on the above-described property, which is the subject of the above captioned foreclosure action. 3. I / We live in the above-described property and the property is my/our principal residence. The property is a one to three unit residential dwelling. 4. I / We have have not filed an answer to the foreclosure complaint filed by the plaintiff (lender). . (insert date) 5. A Sheriff's sale of my property is scheduled for 6. Foreclosure mediation was timely requested, but a foreclosure mediation session or is scheduled for (insert date) has not been scheduled . 7. The following additional information is essential for the court's consideration: 8. I / we request that the Sheriff's Sale of the above premises, be postponed, so that I / we can take part in court arranged foreclosure mediation. American LegalNet, Inc. www.FormsWorkFlow.com Revised 11/17/2014, CN 11277-English page 4 of 8 I / We certify that the statements made above are true. I / We am / are aware that if any of the statements made by me / us are willfully false, I / we am / are subject to punishment. Date Signature Type or Print Defendant's Name Date Signature Type or Print Defendant's Name American LegalNet, Inc. www.FormsWorkFlow.com Revised 11/17/2014, CN 11277-English page 5 of 8 Certification of Service A copy of the notice of motion, certification in support and proposed form of order was mailed or served on the: General Equity Clerk for County; and Plaintiff's Attorney (at the above stated address). I / We certify that the above statements made by me / us are true. I / We am / are aware that if any of the statements made by me/us are willfully false, I / we am / are subject to punishment. Date Signature Type or Print Defendant's Name Date Signature Type or Print Defendant's Name Language Interpreter If oral argument is scheduled and an interpreter is required. I / We need an interpreter for the (insert name of language) language to be present at the hearing. American LegalNet, Inc. www.FormsWorkFlow.com Revised 11/17/2014, CN 11277-English page 6 of 8 Plaintiff or Filing Attorney Information: Name NJ Attorney ID Number Address Telephone Number SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION COUNTY GENERAL EQUITY Docket No FPlaintiff, v. ,et al Defendant. CIVIL ACTION Order Staying Sheriff's Sale This matter having come before the court (on a notice of motion) (for a case management conference) and the New Jersey Supreme Court having initiated a mediation program for residential foreclosure actions and for good cause shown. (JUDGE COMPLETES BELOW) It is on this day of , 20 day of , 20 . ORDERED that: , 20 is stayed until 1. The Sheriff's Sale scheduled for day of Alternative language: until further order of the court], upon the following conditions 2. The following provisions are applicable for all cases stayed for mediation: a. The plaintiff and defendant-homeowner(s) shall participate in the court associated foreclosure mediation process in good faith and with a sense of urgency. b. If a mediation session is not yet scheduled, the vicinage CDR point person shall notify the parties of the mediation date and arrange for a mediator from the foreclosure mediator roster. c. Any party who fails to appear for a mediation session shall be subject to sanctions. d. The defendant-homeowner(s) and the attorney for the plaintiff shall appear at the mediation. The plaintiff-lender shall participate either in person or by telephone. The participant of the plaintifflender shall have settlement authority. 3. At the conclusion of the mediation session, the mediator shall file with the Court an appropriate mediation report concerning the mediation and, if mediation is successful, prepare a foreclosure mediation settlement memorandum to document the agreement of the parties. American LegalNet, Inc. www.FormsWorkFlow.com Revised 11/17/2014, CN 11277-English page 7 of 8 4. Additional Relief: P.J.Ch/ J.S.C. Plaintiff Lender's Attorney Defendant-homeowner(s) Residing at Defendant-homeowner(s) Attorney Lender/Servicer's Mortgage Workout Telephone Telephone Telephone Telephone American LegalNet, Inc. www.FormsWorkFlow.com Revised 11/17/2014, CN 11277-English page 8 of 8
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