Legislation
SECTION 1355
Report of sale; confirmation
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13
§ 1355. Report of sale; confirmation. 1. Within thirty days after
completing the sale and executing the proper conveyance to the
purchaser, unless such time be extended by the court within said thirty
days, the officer making the sale shall file with the clerk his report
under oath of the disposition of the proceeds of the sale, accompanied
by the vouchers of the persons to whom payments were made.
2. A motion to confirm such report of sale shall not be made within
three months after the filing of the report and shall in any event be
made not later than four months after the filing of such report, except
that if there be no surplus moneys arising from the sale of the
mortgaged premises under such judgment, an application for confirmation
of the report of sale may be made at any time after the report shall
have been filed eight days. Where the report of sale shows surplus money
the party moving for confirmation of the report of sale shall present
with his motion papers a proper voucher for the surplus moneys showing
that they have been paid into court, a certificate of the clerk
specifying the notices of claim to the surplus moneys, if any, so filed
with him, and an affidavit showing any other unsatisfied lien on the
property.
completing the sale and executing the proper conveyance to the
purchaser, unless such time be extended by the court within said thirty
days, the officer making the sale shall file with the clerk his report
under oath of the disposition of the proceeds of the sale, accompanied
by the vouchers of the persons to whom payments were made.
2. A motion to confirm such report of sale shall not be made within
three months after the filing of the report and shall in any event be
made not later than four months after the filing of such report, except
that if there be no surplus moneys arising from the sale of the
mortgaged premises under such judgment, an application for confirmation
of the report of sale may be made at any time after the report shall
have been filed eight days. Where the report of sale shows surplus money
the party moving for confirmation of the report of sale shall present
with his motion papers a proper voucher for the surplus moneys showing
that they have been paid into court, a certificate of the clerk
specifying the notices of claim to the surplus moneys, if any, so filed
with him, and an affidavit showing any other unsatisfied lien on the
property.