Claiming Foreclosure Surplus Funds

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 auction held in December 2023 and May 2024, all of the required documents have been reviewed and approved by the Court and all required documents have now been filed with the Chemung 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 Chief Court Clerk, County Treasurer and County Clerk’s Office cannot provide any legal advice or guidance on the claims process.