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Rule 4:65-5.Sheriff’s sale; objections

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:65-5 requires the sheriff to deliver the conveyance after a real estate sale unless someone objects within 10 days (or any time before delivery), with the court confirming the sale only if satisfied it brought the highest and best price.

Full Text of Rule 4:65-5

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A sheriff who is authorized or ordered to sell real estate shall deliver a good and sufficient conveyance in pursuance of the sale unless a motion for the hearing of an objection to the sale is served within 10 days after the sale or at any time thereafter before the delivery of the conveyance. Notice of the motion shall be given to all persons in interest, and the motion shall be made returnable not later than 20 days after the sale, unless the court otherwise orders. On the motion, the court may summarily dispose of the objection; and if it approves the sale and is satisfied that the real estate was sold at its highest and best price at the time of the sale, it may confirm the sale as valid and effectual and direct the sheriff to deliver a conveyance as aforesaid.

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. 4:83-5; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A sheriff's sale of real estate wraps up automatically — the sheriff delivers the conveyance — unless a motion challenging the sale gets served within 10 days afterward, or any time before the conveyance goes out. Whoever objects has to notify everyone with an interest, and the motion comes back for a hearing within 20 days of the sale unless the court sets a different schedule.

At that hearing, the court can dispose of the objection on the papers, and confirms the sale — directing the sheriff to deliver the conveyance — only if it's satisfied the property sold for its highest and best price at the time.

Frequently Asked Questions

How long does someone have to object to a sheriff's sale of real estate?

10 days after the sale, or any time before the sheriff delivers the conveyance.

What must the court find before confirming a sheriff's sale?

That the real estate was sold at its highest and best price at the time of the sale.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:65-5). 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: objecting to a sheriff's sale