Section 1354. Distribution of proceeds of sale  


Latest version.
  • 1.  The officer conducting
      the sale shall pay, out of the proceeds, unless otherwise directed,  the
      expenses  of  the  sale,  and pay to the plaintiff, or his attorney, the
      amount of the debt, interest and costs, or so much as the proceeds  will
      pay  and  take  the  receipt  of the plaintiff, or his attorney, for the
      amount so paid, and file the same with his report of sale.
        2. The officer conducting the sale shall pay out of the  proceeds  all
      taxes,  assessments,  and  water rates which are liens upon the property
      sold, and redeem the property sold from  any  sales  for  unpaid  taxes,
      assessments or water rates which have not apparently become absolute. In
      any  city  having  a population of three hundred thousand or more or any
      city having a population between one hundred  twenty-five  thousand  and
      one  hundred  seventy-five  thousand,  such officer shall pay out of the
      proceeds any liens or incumbrances placed by a city agency upon the real
      property which have priority over  the  foreclosed  mortgage.  The  sums
      necessary  to make those payments and redemptions are deemed expenses of
      the sale. The provisions of this subdivision  shall  not  apply  to  any
      judgment in an action wherein any municipal corporation of this state is
      the plaintiff and the purchaser at the foreclosure sale thereunder.
        3.  The  officer  conducting  the  sale after fully complying with the
      provisions of subdivisions one and  two  of  this  section  and  if  the
      judgment  of  sale  has  so  directed  shall  pay  to  the holder of any
      subordinate mortgage or his attorney from the  then  remaining  proceeds
      the amount then due on such subordinate mortgage, or so much as the then
      remaining  proceeds  will pay and take the receipt of the holder, or his
      attorney for the amount so paid, and file the same with  his  report  of
      sale.
        4.   All surplus moneys arising from the sale shall be paid into court
      by the officer conducting the sale within five days after the same shall
      be received.