The sheriff or other officer to whom a writ of execution under section 2A:50-36 of this title shall be directed and delivered shall make sale pursuant to the command of such writ, and shall make and execute a deed or deeds for the premises sold, as the case may require; but no greater estate in the premises sold shall, at any time, be granted to a purchaser than would have been vested in the mortgagee had the equity of redemption been duly foreclosed.
The moneys arising from a sale pursuant to this section shall be applied to pay off and discharge the moneys ordered to be paid, and the surplus, if any, shall be deposited with the court and the same shall be paid to the person or persons entitled thereto, upon application therefor, as the court shall determine. Such surplus moneys may be invested at interest on such security as the court shall order pending application therefor by the person or persons entitled thereto. All charges in connection with applications for surplus moneys not exceeding $100, shall not exceed the sum of $5.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1994–2025 · leading case:
In re Varquez, 502 B.R. 186 (Bankr. D.N.J. 2013).
In re Varquez, 502 B.R. 186 (Bankr. D.N.J. 2013).
· cites it 2× “N.J.S.A. § 2A:50-37; In re McGrath, Id. Unlike the acquisition of title to property by a purchaser through a mortgage foreclosure sheriffs sale, which follows extensive public advertisement and a public auction, the acquisition of free and clear title to property by a tax sale…”
Matter of Ross, 191 B.R. 615 (Bankr. D.N.J. 1996).
· cites it 2× “N.J.S.A. § 2A:50-37. 9 Pursuant to state court rule, the sheriff is directed to “deliver a good and sufficient conveyance” unless an objection is served upon him within 10 days after the sale or at any time before the deed is delivered.”
In Re Ziyambe, 200 B.R. 790 (Bankr. D.N.J. 1996).
· cites it 2× “More recently, the New Jersey Supreme Court implicitly recognized that, subject to objection, the mortgagor’s statutory right of redemption would be terminated once three events took place: (1) an action to foreclose the mortgage was instituted pursuant to N.J.S.A. § 2A:50-2;…”
In Re Little, 201 B.R. 98 (Bankr. D.N.J. 1996).
· cites it 2× “§ 2A:50-36; and (3) sale of the property at foreclosure pursuant to N.J.S.A. § 2A:50-37. 1 Chase Manhattan Bank v.”
McGrath v. Simon (In Re McGrath), 170 B.R. 78 (Bankr. D.N.J. 1994).
“SA § 2A:50-37). To summarize, there are significant differences in procedure on mortgage foreclosure and tax sale certificate foreclosure in New Jersey.”
In Re Downing, 212 B.R. 459 (Bankr. D.N.J. 1997).
“2A:50-36, and sell the property through a sheriff or other authorized person to the highest bidder, N.J.S.A. 2A:50-37. Id. Under N.J. Court R.”
Shmuel Heiman v. Mark Engel (N.J. Super. Ct. App. Div. 2025).
· cites it 2× “N.J.S.A. 2A:50-37 provides: The moneys arising from a [sheriff's] sale .”
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