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.").
"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) )
"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.