Sasario v. Calo

The defendants in the above foreclosure action claim an interest in the surplus moneys arising from the sale of the mortgaged premises. They now ask the court pursuant to section 1361 of the Real Property Actions and Proceedings Law to determine the amount due to the respective judgment creditors and to make distribution of the surplus. The judgment creditors are of two types. The first group has a judgment against the husband and wife who are the owners of the property as tenants by the entirety. The remaining group has judgments against the husband only. Of course, any liens attaching to…