New York Laws
Article 13 - Action to Foreclose a Mortgage
1361 - Application for Surplus; Reference.

§ 1361. Application for surplus; reference. 1. Any person claiming the
surplus moneys arising upon the sale of mortgaged premises, or any part
thereof, either in his own name, or by his attorney, at any time before
the confirmation of the report of sale, may file with the clerk in whose
office the report of sale is filed, a written notice of such claim,
stating the nature and extent of his claim and the address of himself or
his attorney.

2. On the motion for confirmation, or at any time within three months
thereafter, on notice to all parties who have appeared in the action or
filed claims, on motion of any party to the action, or any person who
has filed a notice of claim on the surplus moneys, the court, by
reference or otherwise, shall ascertain and report the amount due to him
or any other person who has a lien on such surplus moneys, and the
priority of the several liens thereon and order distribution of surplus
moneys.

3. The owner of the equity of redemption, or any party who has
appeared in the action or any person who files a notice of claim or who
has a recorded lien against the property shall be given notice by mail
or in such other manner as the court shall direct, to attend any hearing
on disposition of surplus money.

Structure New York Laws