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 to protect their interest into any surplus funds. With respect to the 2023 Auctions, all the required documents have been reviewed and approved by the Court and all required documents have now been filed with the Broome County Clerk. Copies of the documents can be found below.
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.
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.
NEW YORK STATE RECENTLY CREATED SURPLUS CLAIM FORMS. THE LINK TO THOSE FORMS CAN BE
FOUND BELOW. BE SURE TO SCROLL ALL THE WAY TO THE BOTTOM OF THE PAGE:
NYS Foreclosure Surplus Funds Forms
November 20, 2023 - Decision and Order of the Hon. Joseph F. Cawley, Broome County Court Judge
November 20, 2023 - Report of Surplus Tax Sale Proceeds Exhibit A
November 20, 2023 - Report of Loss Exhibit B
August 17, 2023 - Decision and Order of the Hon. Joseph F. Cawley, Broome County Court Judge
August 17, 2023 - Report of Surplus Tax Sale Proceeds Exhibit A
August 17, 2023 - Report of Loss Exhibit B
2021 City Judgment of Foreclosure and Sale - Index #EFCA2022000477
2021 County Judgment of Foreclosure and Sale - Index #EFCA2021002660
