Rule 4:65-2.Notice of Sale; Posting and Mailing

Last amended September 4, 2012 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:65-2 requires notice of a court-ordered sale to be posted at the sheriff's office (and on the premises, for real property) and served at least 10 days beforehand by certified mail on every appeared party, the record owner, and anyone with a recorded interest the sale will divest.

Full Text of Rule 4:65-2

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If real or personal property is authorized by court order or writ of execution to be sold at public sale, notice of the sale shall be posted in the office of the sheriff of the county or counties where the property is located, and also, in the case of real property, on the premises to be sold, but need not be posted in any other place. If the premises are residential, the notice of sale shall have annexed thereto, in bold type of at least 14-point, the notice of tenants’ rights during foreclosure in the form prescribed by Appendix XII-K of the rules of court. The party who obtained the order or writ shall, at least 10 days prior to the date set for sale, serve a notice of sale by registered or certified mail, return receipt requested, upon (1) every party who has appeared in the action giving rise to the order or writ and (2) the owner of record of the property as of the date of commencement of the action whether or not appearing in the action, and (3) except in mortgage foreclosure actions, every other person having an ownership or lien interest that is to be divested by the sale and is recorded in the office of the Superior Court Clerk, the United States District Court Clerk or the county recording officer, and in the case of personal property, recorded or filed in pertinent public records of security interests, provided, however, that the name and address of the person in interest is reasonably ascertainable from the public record in which the interest is noted. The notice of sale shall include notice that there may be surplus money and the procedure for claiming it. The party obtaining the order or writ may also file the notice of sale with the county recording officer in the county in which the real estate is situate, pursuant to N.J.S.A. 46:26A-11, and such filing shall have the effect of the notice of settlement as therein provided.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source - R.R. 4:83-2; caption and rule; amended July 13, 1994 to be effective September 1, 1994; amended July 3, 1995, to be effective immediately; amended July 9, 2008 to be effective September 1, 2008; amended July 23, 2010 to be effective September 1, 2010; amended July 19, 2012 to be; amended September 4, 2012.

Plain-English Summary

A court-ordered sale can't happen quietly. Notice goes up at the sheriff's office in the county where the property sits, and for real estate, on the premises itself; if the property is residential, the notice also carries a bold notice of tenants' rights during foreclosure.

Beyond posting, the party who obtained the order or writ has to serve the notice by certified mail at least 10 days before the sale — on every party who appeared in the case, the record owner regardless of whether that owner appeared, and, outside mortgage foreclosures, anyone else with a recorded ownership or lien interest the sale will wipe out, so long as that person's address is reasonably findable in the public record. The notice also has to flag the possibility of surplus money and how to claim it.

Frequently Asked Questions

How much advance notice must be given before a court-ordered sale?

At least 10 days, served by registered or certified mail on every appeared party, the record owner, and, outside mortgage foreclosure actions, anyone else with a recorded interest the sale will divest.

Where must notice of a court-ordered sale be posted?

At the sheriff's office of the county where the property is located, and for real property, also on the premises to be sold.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:65-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: notice of sheriff's salenotice of execution sale