Claiming surplus funds in New York County
Surplus from sales in New York County is held by the county office that conducted the sale, typically the clerk, auditor, or treasurer. We confirm the holding office before anything is filed.
RPAPL §§ 1354(4), 1361 and 1362 govern mortgage surplus deposited by the sale officer with court for competing-claim decisions and payment orders. File written notice of a surplus claim before confirmation of the sale report under § 1361(1). Section 1361(2) permits a distribution motion at confirmation or within three months afterward. These are cash-surplus procedures, not property-redemption periods.