Section 1355. Report of sale; confirmation  


Latest version.
  • 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.