Sheriff's File No. 25000859
SUPERIOR COURT OF NEW JERSEY,
CHANCERY DIVISION, CUMBERLAND COUNTY,
DOCKET NO. F01078824,
MIDFIRST BANK
vs.
LEE R DESPAIN ET AL.
Execution of sale of mortgaged Premises.
By virtue of a Writ of Execution, directed to me (the “Sheriff of Cumberland County” or “Sheriff”), out of the Superior Court of New Jersey, in the above entitled matter, I shall expose for sale to the highest bidder by Public Auction to be held at the Cumberland County Sheriff’s Office located at 220 N. Laurel Street, City of Bridgeton, County of Cumberland, State of New Jersey 08302, on:
Wednesday, 9/24/2025 next, at 2:00 P.M. [prevailing time]
all of that certain tract of land, situate, lying and being in the CITY OF VINELAND, County of Cumberland and State of New Jersey:
PROPERTY COMMONLY KNOWN AS: 690 WEST ELMER ROAD VINELAND, NJ 08360
TAX LOT: 43 AND BLOCK: 5701
DIMENSIONS OF LOT: (approx.) 106 x 120
NUMBER OF FEET TO NEAREST CROSS STREET: APPROXIMATELY 550 FT FROM THE SOUTHERN LINE OF WEST ELMER ROAD TO THE EASTERLY LINE OF DELSEA DRIVE
THIS CONCISE STATEMENT DOES NOT CONSTITUTE A FULL LEGAL DESCRIPTION.
THE FULL LEGAL DESCRIPTION CAN BE FOUND IN THE OFFICE OF THE CLERK OF CUMBERLAND COUNTY IN BOOK 4120 AT PAGE 4573 AS INSTRUMENT NO. 467714.
Occupancy status at the property is unknown.
Taxes due and owing in the approximate amount of $899.71 as of 07/25/25
Sale may be subject to subsequent taxes, liens, utilities and interest since 07/25/25
Electric/Trash due and owing in the approximate amount of $1,341.68 as of 07/25/25
THIS SHERIFF’S SALE SHALL BE MADE SUBJECT TO THE FOLLOWING:
• Any and all unpaid taxes, assessments, water and sewer charges and/or liens (if any). Any and all interested parties must check with the tax collector, municipality, and/or utilities authority for the exact amount(s) due;
• Any and all prior mortgage(s), judgment(s), and/or lien(s) (if any);
• Any and all condominium association and/or homeowner association liens (if any) which may exist.
• Zoning ordinances, easements, restrictions, and/or covenants of record (if any);
• The rights of tenants and/or occupants of the property (if any);
• Federal, state, and/or local laws, rules, regulations, and/or ordinances including, but not limited to, the “Community Wealth Preservation Program” (A5664/S4240 – N.J.S.A. 22A:4-8 - modified January 12, 2024);
• The rights (including, but not limited to, the right of redemption) of the United States of America (if any); and
• Such state of facts as an accurate survey, title search, and/or physical inspection of the property may reveal. Subject to any and all prior matters, liens, and/or encumbrances.
• If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.
Any and all interested parties shall conduct and rely solely upon their own independent investigation to ascertain whether any outstanding interest(s) remain of record and/or have priority over the mortgage/lien being foreclosed; and, if so, the current amount due thereon. Interested parties are further directed to review the Notice of Sale (see New Jersey Court Rule 4:65-2 and N.J.S.A. 46:26A-11) on file in the Sheriff’s Office prior to bidding.
ALL PROSPECTIVE BIDDERS ARE ADVISED TO FAMILIARIZE THEMSELVES WITH THE REQUIREMENTS OF THE “COMMUNITY WEALTH PRESERVATION PROGRAM” (A5664/S4240 – N.J.S.A. 22A:4-8 - MODIFIED JANUARY 12, 2024) (HEREINAFTER REFERRED TO AS THE “COMMUNITY WEALTH PRESERVATION PROGRAM”) PRIOR TO BIDDING. THE SHERIFF’S OFFICE CANNOT AND WILL NOT PROVIDE INTERESTED PARTIES WITH ADVICE REGARDING THE APPLICATION OF THIS PROGRAM.
THE APPROXIMATE AMOUNT OF THE JUDGMENT TO BE SATISFIED BY SAID THIS SALE IS $106,178.13 , WITH INTEREST COSTS OF THIS SALE.
PLAINTIFF HAS ADVISED THE SHERIFF THAT A GOOD FAITH ESTIMATE OF THE “UPSET PRICE” ON THE DAY OF THE SHERIFF’S SALE SHALL BE $ 103,594.42. The Upset Price on the day of the Sheriff’s sale shall not increase by more than three percent (3.0%) from the Upset Price originally provided in the notice served upon the defendant. If this Sheriff’s Sale is delayed or postponed, or if circumstances occur that require unforeseen advances to protect the borrower or the foreclosed upon residential property in the event of vandalism, weather damage, or other emergency property preservation needs, the Upset Price may be adjusted to reflect these costs.
EXCEPT AS SPECIFICALLY PROVIDED FOR IN THE “COMMUNITY WEALTH PRESERVATION PROGRAM”, the successful (i.e. high) bidder shall tender a deposit in the amount of twenty percent (20%) of the bid price in cash and/or by certified or cashier's check, payable to the “Sheriff of Cumberland County”, immediately upon the conclusion of the foreclosure sale. The balance of the purchase price shall be due in thirty (30) calendar days. The Cumberland County Sheriff’s Office will not accept cash payments in excess of One Thousand Dollars ($1,000.00) without prior written approval so that special arrangements can be made. Bidders are advised to bring certified and/or cashier’s checks for any and all payments in excess of this amount.
PURSUANT TO THE “COMMUNITY WEALTH PRESERVATION PROGRAM”, in the case of residential property in which the successful bidder is the foreclosed upon defendant, next of kin, tenant, nonprofit community development corporation, or a bidder who shall occupy the property as the bidder’s primary residence for a period of at least eighty-four (84) months, the successful bidder who has fulfilled all of the requirements of the Community Wealth Preservation Program shall pay a three and one-half percent (3.5%) deposit of the original Upset Price listed in the notice provided by the foreclosing plaintiff pursuant N.J.S.A. 22A:4-8(5)(a), or the final starting Upset Price listed for the sale of the property, whichever is less, with the remaining balance due within ninety (90) business days payable by cash, certified or cashier’s check, or by wire transfer, made payable to the Sheriff of Cumberland County.
NEW JERSEY FORECLOSURE INTERVENTION FUND: Pursuant to N.J.S.A. 2A:17-38, the Sheriff will charge and collect $350.00 from each sale. These funds are utilized in accordance with the New Jersey Foreclosure Prevention Act (codified at N.J.S.A. 55:14K-94 et seq.); and will be included in the Upset Price announced at the time of the Sheriff’s Sale.
CLAIMING SURPLUS MONEY: If after the sale and satisfaction of the mortgage debt, including costs and expenses, there remains any surplus money, the money will be deposited into the Superior Court Trust Fund and any person claiming the surplus, or any part thereof, may file a Motion pursuant to Court Rules 4:64-3 and 4:57-2 stating the nature and extent of that person's claim and asking for an order directing payment of the surplus money. The Sheriff or other person conducting the sale will have information regarding the surplus, if any.
RESIDENTIAL PROPERTIES: Prior to the sale of residential property, the foreclosing plaintiff shall disclose, if known, whether the property is vacant, tenant-occupied, or owner-occupied. If the property is vacant, the foreclosing plaintiff shall provide the successful bidder access to the property if the foreclosing plaintiff has such access and may condition access by the successful bidder on being accompanied by a representative of the foreclosing plaintiff.
ADJOURNMENTS: The Sheriff reserves the right to adjourn the sale from time to time as provided by law without further notice or publication.
Persons that need an accommodation (e.g. sign language, interpreter, assisted listening devices, etc.) must notify the County Office for the Disabled, 800 East Commerce Street, Bridgeton, New Jersey 08302, (856)453-2156 within fourteen (14) days of the scheduled meeting. Cumberland County cannot provide any accommodation not requested.
ALL PUBLICATION COSTS SHALL BE PAID FOR BY THE PLAINTIFF.
MICHAEL DONATO
SHERIFF
GROSS POLOWY LLC Atty (s)
Phone: 716-204-1700
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8/26/2025, 9/2/2025, 9/9/2025, 9/16/2025
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