§ 35-22-24 — Application for order directing payment of surplus - Notice - Service

A person filing the petition as prescribed in section 35-22-23, after the expiration of thirty
days from the day of sale, may apply to the district court for an order thereon. Notice of the
application must be served either by mail or personally upon each person who has filed a like
petition, upon the mortgagor, the person in actual possession of the property, if any, and upon
every person having an interest in or lien upon the property sold subsequent to the mortgage

foreclosed and whose interest or lien, at the time of the sale, was recorded in the proper office
in the county or counties in which the property sold is situated. The notice must be served at
least eight days before the application. If it is shown to the court by affidavit that service upon
any person required to be served cannot be made with due diligence, notice may be given to
that person in any manner which the court directs.