Section 156. Surplus moneys on sale of lands mortgaged to the state  


Latest version.
  • If
      real property mortgaged to the state, or purchased for  the  benefit  of
      the  state,  or  for  which  a  certificate  has  been given to a former
      purchaser, is sold by the comptroller or  the  commissioner  of  general
      services  for  a  greater sum than the amount due to the state, with the
      costs and expenses of the foreclosure  or  resale,  the  surplus  moneys
      received after a conveyance has been executed to the purchaser, shall be
      paid to the person legally entitled to such real property at the time of
      the foreclosure or of the forfeiture of the original contract.
        On  the  sale  of  such  real  property  by  the  comptroller  or  the
      commissioner of general services, the comptroller shall give  credit  to
      the  mortgagor on his bond or to the original purchaser on his contract,
      for the amount at which such property has  been  sold,  after  deducting
      therefrom   all  the  costs,  charges  and  expenses  of  the  sale.  If
      interfering claims to  such  surplus  moneys  be  made,  they  shall  be
      referred  by  the comptroller to the attorney-general, whose decision as
      to the rights of the respective claimants shall be final and  conclusive
      as  to  any  claim  against the state. The comptroller shall not pay any
      moneys authorized by this section to be refunded, except on satisfactory
      proof, by affidavit or otherwise, of the legal right of  the  person  in
      whose favor such warrant is applied for.