Section 1361. Application for surplus; reference  


Latest version.
  • 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.