ยง 1355. Report of sale; confirmation. 1. Within thirty days after
completing the sale and executing the proper conveyance to the
purchaser, unless such time be extended by the court within said thirty
days, the officer making the sale shall file with the clerk his report
under oath of the disposition of the proceeds of the sale, accompanied
by the vouchers of the persons to whom payments were made.
2. A motion to confirm such report of sale shall not be made within
three months after the filing of the report and shall in any event be
made not later than four months after the filing of such report, except
that if there be no surplus moneys arising from the sale of the
mortgaged premises under such judgment, an application for confirmation
of the report of sale may be made at any time after the report shall
have been filed eight days. Where the report of sale shows surplus money
the party moving for confirmation of the report of sale shall present
with his motion papers a proper voucher for the surplus moneys showing
that they have been paid into court, a certificate of the clerk
specifying the notices of claim to the surplus moneys, if any, so filed
with him, and an affidavit showing any other unsatisfied lien on the
property.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 13 - Action to Foreclose a Mortgage
1301 - Separate Action for Mortgage Debt.
1302 - Foreclosure of Certain Residential Mortgages.
1302-A - Defense of Lack of Standing; Not Waived.
1303 - Foreclosures; Required Notices.
1304 - Required Prior Notices.
1306 - Filing With Superintendent.
1307 - Duty to Maintain Foreclosed Property.
1308 - Inspecting, Securing and Maintaining Vacant and Abandoned Residential Real Property.
1309 - Expedited Application for Judgment of Foreclosure and Sale for Vacant and Abandoned Property.
1310 - Vacant and Abandoned Property; Statewide Vacant and Abandoned Property Electronic Registry.
1312 - Representative Defendants.
1313 - Permissible Defendants.
1315 - Action by Owner of Junior Participating Interest.
1320 - Special Summons Requirement in Private Residence Cases.
1341 - Payment Into Court of Amount Due.
1352 - Judgment Foreclosing Right of Redemption.
1354 - Distribution of Proceeds of Sale.
1355 - Report of Sale; Confirmation.
1361 - Application for Surplus; Reference.
1362 - Payment of Surplus Out of Court.
1391 - Proceeding for Share of Unknown Heirs.