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New York Requirements for Order Confirming Referee's Report of Sale and Distribution of Surplus Funds

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New York
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NY-QNS-85
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Requirements for Order Confirming Referee's Report of Sale and Distribution of Surplus Funds

New York Requirements for Order Confirming Referee's Report of Sale and Distribution of Surplus Funds are the rules and procedures for a court-appointed referee to follow regarding the sale of property, and the distribution of the proceeds after the sale. These requirements include the appointment of a referee, the advertising and notice of sale, the bidding process, the confirmation of sale by the court, and the distribution of the surplus funds from the sale. The types of New York Requirements for Order Confirming Referee's Report of Sale and Distribution of Surplus Funds are as follows: • Appointment of the Referee: The court must appoint a referee to oversee the sale of the property. The referee must be a qualified real estate professional. • Advertising and Notice: The referee must advertise the sale of the property and give notice to all interested parties. • Bidding Process: The referee must provide an opportunity for interested parties to bid on the property, and must accept the highest bid. • Confirmation of Sale: The referee must submit a report of sale to the court, and the court must confirm the sale. • Distribution of Surplus Funds: Any leftover funds from the sale must be distributed according to the court's order.

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FAQ

Surplus Money Proceedings Referee's report must be entered at the County Clerk. Fee is $10. Surplus monies must be deposited into court. Mail a written request, including: A listing of the title of action. The index number. What you're requesting. A self-addressed, stamped business-sized envelope.

An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if

An Order of Reference is a motion filed in a New York Mortgage Foreclosure action along with a request for a default judgment. Among other requested forms of relief the Order of Reference (aka OOR or OREF) formally asks the Court to appoint a Referee to determine the amount due on the mortgaged premises.

Referee's Deed: Used in judicial foreclosures to transfer ownership of the foreclosed property to the. person who bids the highest amount of money at a foreclosure auction.

WHAT IS THE ORDER OF REFERENCE? In the context of foreclosure, the order of reference is when the court appoints a referee. The technical term is that the court is referring the case to the referee in order for the referee to do something with limited authority granted by the court.

A written notice that a prevailing party provides other parties to alert them that an order or judgment has been entered in a New York state court.

A referee's report of sale for use in a residential or commercial foreclosure action in New York. When the court-appointed referee auctions foreclosed real property, the referee provides the court with an accounting of the costs and expenses of the sale.

More info

Complete the Referee's Report of Sale, which details all of the moneys paid out pursuant to the JFS. Motion to Confirm Referee's Report and Direct.From the facts above stated, I find as a conclusion of law that the amount of the surplus funds herein should be distributed in the following order of priority:. If however, there is no surplus money from the sale, a party need only wait eight days after the report has been filed before making a motion for confirmation. Upon the coming in and confirmation of the referee's report, the court must make such an order, for the distribution of the surplus money, as justice requires. This is an appeal from an order confirming a referee's report in surplus money proceedings. 1353. Conveyance. 1354. Distribution of proceeds of sale. 1355. Report of sale; confirmation. 1361. Upon the coming in and confirmation of the referee's report, the court must make such an order, for the distribution of the surplus money, as justice requires. Order may permit the sale of the property with court approval.

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New York Requirements for Order Confirming Referee's Report of Sale and Distribution of Surplus Funds