Under RPAPL §1355, the officer that carried out the sale of the property must file his report with the court clerk within thirty days under oath, unless extended by court order. The purpose his report is to confirm the sale and as well as to present vouchers of the parties that received payment from the sale. After the report has been filed, a party making a motion to confirm the report, seeking to collect the surplus money from the sale, must wait three months and no longer than four months to file the motion. 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.

If you need help with a referee’s report of sale, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.