In re Title Guarantee & Trust Co.

The primary issue on this appeal is whether, on application by a mortgagee under section 1077-e of the Civil Practice Act, the court may direct payment of a surplus for a six months’ period that had expired three months before the mortgagee’s application to the court. That section, so far as here relevant, provides that notwithstanding the moratorium legislation any one who would otherwise have the right to foreclose a mortgage has the right “ to make an application to any court *444in which such foreclosure action might be brought upon eight days’ notice, * * * and if upon such application it…