New York § 1361 Application for surplus; reference

New York Statutes

§ 1361 — Application for surplus; reference

New York § 1361

Law RPAReal Property Actions & Proceedings

Art. 13Action to Foreclose a Mortgage

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Bluebook

N.Y. Real Property Actions & Proceedings § 1361 (2026).

Text

§ 1361. Application for surplus; reference.

1.Any person claiming the\nsurplus moneys arising upon the sale of mortgaged premises, or any part\nthereof, either in his own name, or by his attorney, at any time before\nthe confirmation of the report of sale, may file with the clerk in whose\noffice the report of sale is filed, a written notice of such claim,\nstating the nature and extent of his claim and the address of himself or\nhis attorney.\n 2. On the motion for confirmation, or at any time within three months\nthereafter, on notice to all parties who have appeared in the action or\nfiled claims, on motion of any party to the action, or any person who\nhas filed a notice of claim on the surplus moneys, the court, by\nreference or otherwise, shall ascertain and report the amount due

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§ 1361. Application for surplus; reference. 1. Any person claiming the\nsurplus moneys arising upon the sale of mortgaged premises, or any part\nthereof, either in his own name, or by his attorney, at any time before\nthe confirmation of the report of sale, may file with the clerk in whose\noffice the report of sale is filed, a written notice of such claim,\nstating the nature and extent of his claim and the address of himself or\nhis attorney.\n 2. On the motion for confirmation, or at any time within three months\nthereafter, on notice to all parties who have appeared in the action or\nfiled claims, on motion of any party to the action, or any person who\nhas filed a notice of claim on the surplus moneys, the court, by\nreference or otherwise, shall ascertain and report the amount due to him\nor any other person who has a lien on such surplus moneys, and the\npriority of the several liens thereon and order distribution of surplus\nmoneys.\n 3. The owner of the equity of redemption, or any party who has\nappeared in the action or any person who files a notice of claim or who\nhas a recorded lien against the property shall be given notice by mail\nor in such other manner as the court shall direct, to attend any hearing\non disposition of surplus money.\n