New York · money left over after a foreclosure sale

You can claim it yourself, no finder needed

Who holds it

Paid into court in the Supreme Court foreclosure case and kept by the county treasurer (in New York City, the Commissioner of Finance)

How long

If it stays unclaimed with the county treasurer for 3 years, it is treated as abandoned. Court funds can end up with the State Comptroller's Office of Unclaimed Funds

How you claim

File a written notice of claim with the clerk where the referee's report of sale is filed. Then move the court to decide who gets the surplus, using the court's surplus monies forms.

If someone offers to do it for you

Fee limits: Not researched yet — ask the clerk.
You never need to pay anyone to file.

Checklist: New York, money left over after a foreclosure sale

Who holds it: Paid into court in the Supreme Court foreclosure case and kept by the county treasurer (in New York City, the Commissioner of Finance)

How long: If it stays unclaimed with the county treasurer for 3 years, it is treated as abandoned. Court funds can end up with the State Comptroller's Office of Unclaimed Funds

How you claim: File a written notice of claim with the clerk where the referee's report of sale is filed. Then move the court to decide who gets the surplus, using the court's surplus monies forms.

Your deadline: ____________ (confirm it with the clerk)

Steps

Find the foreclosure case index number
File a Notice of Claim to Surplus Monies with the clerk, before the report of sale is confirmed
Move for a determination on the confirmation motion or within 3 months after it
Serve everyone who appeared in the case or filed a claim
The court, or a referee it appoints, sets each claimant's share and orders distribution

Documents

Notice of Claim to Surplus Monies
Notice of Motion to Release Surplus Monies
Affirmation in support
Affirmation of service

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Fee limits: Not researched yet — ask the clerk.
You never need to pay anyone to file.

Official links

NY Courts: Surplus Monies forms: https://www.nycourts.gov/forms?field_case_type%5B5341%5D=5341&search_api_forms_fulltext=
RPAPL § 1354 (surplus paid into court): https://www.nysenate.gov/legislation/laws/RPA/1354
RPAPL § 1361 (surplus money claims): https://www.nysenate.gov/legislation/laws/RPA/1361
CPLR 2601 (money paid into court goes to county treasurer): https://www.nysenate.gov/legislation/laws/CVP/2601
Abandoned Property Law § 600 (court funds): https://www.nysenate.gov/legislation/laws/ABP/600

Source: N.Y. RPAPL § 1354(4); N.Y. RPAPL § 1361; N.Y. Abandoned Property Law § 600; N.Y. Real Prop. Acts. Law §1361; N.Y. Jud. Law §474; RPAPL §1361; N.Y. Abandoned Prop. Law §1416; N.Y. Abandoned Prop. Law §600(1)(a); N.Y. Jud. Law §489; N.Y. Real Prop. Law §265-b; N.Y. Jud. Law §489(2); N.Y. Gen. Oblig. Law §5-501. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.