"New Jersey case law is well settled where the parties to a foreclosure proceeding resolve the matter obviating the need for a sheriff's sale, then the sheriff is entitled to one-half commission for his efforts to secure the property." In re Jones, No. 06-16416, 2008 WL 3833425, at *2 (Bankr. D.N.J. Aug. 13, 2008) (citing Sturges v. Lackawanna & W.R. Co., 27 N.J.L. 424, 426 (Sup. Ct. 1859)). It is of no consequence to the sheriff how the matter is arranged between the plaintiff and the defendant.
"New Jersey case law is well settled where the parties to a foreclosure proceeding resolve the matter obviating the need for a sheriff's sale, then the sheriff is entitled to one-half commission for his efforts to secure the property." In re Jones , No. 06-16416, 2008 WL 3833425, at *2 (Bankr. D.N.J. Aug. 13, 2008) (citing Sturges v. Lackawanna & W.R. Co. , 27 N.J.L. 424, 426 (Sup. Ct. 1859) )
That finding is consistent with the well-settled principle that "payment or satisfaction of a mortgage" and "anything . . . done between [the parties], by which a sale is rendered unnecessary, . . . must be considered a settlement." In re Jones, No. 06-16416, 2008 WL 3833425, at *3 (Bankr. D.N.J. Aug. 13, 2008); Sturges v. Lackawanna & W.R. Co., 27 N.J.L. 424, 426 (1859) ("It is of no consequence to the sheriff how the matter is arranged between the plaintiff and the defendant. If anything is done between them, by which a sale is rendered unnecessary, that must be considered a settlement within the meaning of the act.").