Laws of New York (Last Updated: November 21, 2014) |
RPA Real Property Actions and Proceedings |
Article 14. FORECLOSURE OF MORTGAGE BY POWER OF SALE |
Section 1418. Application for surplus
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1. Any person or entity claiming the surplus moneys arising from the sale of the mortgaged property, or a part thereof, may, within twenty days after the filing of the report of the sale, file under the index number assigned to the non-judicial proceeding in the office of the clerk of the county where the sale took place, a written notice of the claim, stating the nature and extent of the claim. Thereafter, an application, with proof of service upon the mortgagor, the record owner of the mortgaged property, and any other person who or entity which has filed a claim to the surplus moneys may be made by any person who or entity which has filed a claim to the surplus moneys, seeking an order directing payment thereof out of the surplus moneys. 2. Upon such application, or at any time within three months thereafter, on notice to all persons who or entities which have been served with the notice of sale or filed claims to the surplus money, or any part thereof, on motion of any person who or entity which has filed a notice of claim to the surplus money, or any part thereof, the court, by reference or otherwise, shall ascertain and report the amount due to the applicant, or to any person who or entity which has a lien on or claim to such surplus money, or any part thereof, and the priority of the several liens or claims thereon, and shall order distribution of the surplus moneys by the county treasurer. 3. The owner of the equity of redemption, or any person who or entity which has responded to the application, or any person who or entity which files a notice of claim or has a recorded lien against the mortgaged property shall be given notice by mail or in such other manner as the court shall direct, to attend any hearing on disposition of the surplus moneys and shall have the right to receive distribution of the surplus moneys, or any portion thereof, in any manner directed by the court. * NB Repealed July 1, 2009