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This entry was published on 2014-09-22
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SECTION 1920
Disposition of surplus in action to enforce mortgage or other lien 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1920. Disposition of surplus in action to enforce mortgage or other

lien

1. Where real property liable to be disposed of as prescribed in this
act is sold in an action or special proceeding, or otherwise, to enforce
a mortgage or other lien thereon which accrued during the decedent's
lifetime the surplus money must be paid into the surrogate's court
having jurisdiction to issue letters upon the estate of the decedent, in
the following cases:

(a) Where 18 months have not elapsed since the date when letters were
issued to the original fiduciary.

(b) Where a proceeding for the disposition of the real property of
the decedent or for a judicial settlement of the accounts of the
fiduciary has been commenced within 18 months from the date of the
issuance of such letters and is still pending.

(c) Where no such letters have been issued and 2 years have not
elapsed since the death of the decedent.

2. Money paid into the surrogate's court as herein provided, pursuant
to any direction of another court may be paid out to the fiduciary of
the decedent, as directed by an order of the surrogate's court, to be
accounted for by him upon the judicial settlement of his accounts or in
a special proceeding brought for that purpose in the surrogate's court
an order may be entered directing distribution to the persons entitled
thereto if 18 months have elapsed since letters were issued to the
original fiduciary upon the estate of the decedent or if no such letters
have been issued 2 years have elapsed since the death of the decedent.