CLAIMS FOR SURPLUS
Recent changes to the New York State Real Property Tax Law now provides that “any person who had any right, title, interest, claim, lien or equity of redemption in or upon a parcel immediately prior to the issuance of the judgment of foreclosure may file a claim with the court having jurisdiction for a share of any surplus resulting from the sale of such property.”
Creditors should consult with an attorney to determine what, if anything, they need to do in order to protect their interest into any surplus funds.
With respect to the 2023 and 2024 Auctions, all of the required documents have been reviewed and approved by the Court and all required documents have now been filed with the Sullivan County Clerk.
IMPORTANT: You MUST have the correct Lien Year and Index Number on all surplus forms. Please refer to the Schedule “A” attached to the Order Confirming Surplus; the Index Number claimants should use is noted next to the parcel.
In addition, it is strongly recommended that you get a limited title search (also called a tax foreclosure search), which shows any other mortgages, judgments, or liens against the subject property while the foreclosure case was pending. This is optional, but it may help the judge determine your claim quicker, especially if there are other claimants
To claim surplus funds, you can hire an attorney or use the following information to obtain the court order yourself. The Court Clerk, County Treasurer and County Clerk’s Office cannot provide any legal advice or guidance on the claims process. The New York Courts claim forms can be found at the following link (be sure to scroll to the bottom of the page to "Surplus Monies Forms - In Rem / Tax Foreclosures":
https://www.nycourts.gov/forms/foreclosure/index.shtml
FOR SUPPORTING DOCUMENTS, CLICK HERE: ANNUAL SURPLUS FORMS OR GO TO THE ANNUAL SURPLUS FORMS TAB ON THE LEFT.
