Detailed Answer

Short answer: To prove ownership when filing a surplus funds claim in New York you must show documentary proof that you were the legal owner (or the lawful successor to the owner) of the foreclosed property at the time of the foreclosure sale. The specific documents depend on who you are (owner, heir, trustee, mortgagee, assignee, agent or corporation), but common items include a recorded deed, government ID, certified death certificate plus letters testamentary/administration for estates, trust documents for trusts, corporate formation and resolution documents for businesses, and any recorded assignments or lien documentation for lienholders.

How New York law frames surplus funds claims

In New York, foreclosure sales and the distribution of sale proceeds are governed by the Real Property Actions and Proceedings Law (RPAPL). RPAPL and related court procedures address how sale proceeds are applied, and any surplus (money left after satisfying the mortgage and sale costs) may be claimed by owners or other parties with a legal interest. For background on the statutory framework see the RPAPL overview: Real Property Actions and Proceedings Law (RPAPL) — NYS. County clerks, referees in foreclosure sales, and the state courts handle surplus money claims; procedures and required forms vary by county.

Who must prove ownership?

The claimant must prove a legal interest in the property at the time of sale. Typical claimants include:

• The record owner shown on the county’s land records
• An heir or executor of a deceased owner
• A trustee or beneficiary under a trust
• An assignee of the owner’s interest or a purchaser at a private sale
• A lienholder or judgment creditor who has a recorded interest
• An authorized agent (with a valid, sometimes recorded power of attorney)

Core documents you will generally need

Below is a consolidated checklist organized by claimant type. Counties may require additional documents or county-specific claim forms; check the county clerk’s or county sheriff’s website before filing.

1) If you are the record owner

• Recorded deed showing your name (copy from the county clerk’s land records)
• Government-issued photo ID (driver’s license or passport)
• Completed surplus funds claim form required by the county (if any)
• Notarized affidavit of ownership / sworn statement (counties often request a signed affidavit confirming facts)

2) If the owner is deceased — heirs or personal representative

• Certified death certificate for the decedent (official certified copy)
• Letters testamentary or letters of administration issued by the Surrogate’s Court OR a court order appointing the estate representative
• Copy of the will (if applicable) and any probate documents
• Heirship affidavit or small estate paperwork if the estate is administered under simplified rules (county may or may not accept)
• Government ID for the claimant

For Surrogate’s Court information and procedures: NYS Unified Court System — Surrogate’s Court.

3) If claiming as trustee or beneficiary of a trust

• Trust agreement or a trustee’s certification that shows the trustee’s authority
• Recorded trustee’s deed or other recorded document if the trust deed was recorded
• Government ID for the trustee

4) If claiming as a corporation, LLC or other entity

• Articles of incorporation / organization or certificate of formation
• Certificate of good standing or authorization from the NY Department of State (if requested): NY Dept. of State – Corporations
• Corporate resolution or power authorizing the filing of the claim
• Government ID for the authorized representative

5) If claiming as a mortgagee, lienholder, assignee or other secured party

• Recorded mortgage, lien or assignment documents that show your interest and chain of title
• Proof you recorded or otherwise perfected the lien before the sale (recording receipts or assignment records)
• Accounting showing amounts owed (if you claim entitlement to all or part of the surplus)

6) If you are an agent (power of attorney)

• Durable power of attorney that specifically authorizes you to claim funds related to real property (copy; some counties require recorded POAs)
• Government ID for the agent
• Any county-required notarized affidavit

Formatting and certification tips

• Provide certified copies where requested. County clerks and the court often require certified or recorded originals rather than simple photocopies.
• Have documents notarized when possible. Sworn affidavits are commonly required and must be notarized.
• Match names and dates. Documents should support that the claimant (or claimant’s predecessor) held the relevant interest at the time of the foreclosure sale.
• Bring photo ID for in-person filings and include photocopies with mail filings if the county asks.
• Keep an organized exhibit list and include a short cover letter explaining the claim and attaching supporting exhibits in order.

Practical filing steps

1. Identify the county in which the foreclosure sale occurred and check that county clerk or sheriff’s website for surplus funds claim forms and instructions.
2. Gather originals and certified copies of the documents listed above that match your claimant type.
3. Complete any required county claim form and attach a notarized affidavit if requested. If the county has no administrative claim process, be prepared to file a motion in Supreme Court to obtain a court order for distribution.
4. File the claim with the referee or county clerk as directed and keep proof of filing (stamped copies, receipts, certified mail return, etc.).
5. If your claim is contested or the county refuses to release funds, you may need to ask the court to order distribution. In contested matters a motion practice before the Supreme Court may be necessary.

Why some claims are denied

Common reasons a surplus claim is denied include:

• No documentary proof the claimant owned the property at the time of sale (missing deed or chain of title)
• Failure to produce certified documents or notarized affidavits
• Claim based on equitable or tenancy rights without recorded title or court order recognizing those rights
• Competing claims — more than one claimant with apparent entitlement requires a court decision

Statutory and court pointers

Foreclosure sales, surplus proceeds and distribution are governed by RPAPL and by court rules and local county procedures. For the statutory framework, see: RPAPL — New York Consolidated Laws. If the estate of a deceased owner is involved, Surrogate’s Court documents (letters, probate orders) will be essential; visit the NYS Courts Surrogate page for guidance: NYS Unified Court System — Surrogate’s Court.

Helpful Hints

• Start with the county clerk or sheriff’s office where the sale occurred — their website often lists a specific surplus claim form and contact information.
• Request certified copies of recorded deeds and mortgage documents from the county clerk. Certified copies carry more weight than plain photocopies.
• If the owner is deceased, obtain a certified death certificate and the Surrogate’s Court letters early — probate steps can take time.
• If you are a trustee or agent, provide the trust certification or a certified power of attorney and be prepared to show the authority in writing.
• Maintain a clear chain of title. If your name differs from the record, include legal documents (marriage certificate, name change order) linking the names.
• Keep meticulous copies and receipts of everything you file. Confirm whether the county requires originals or certified copies.
• If multiple claimants exist, consider getting legal advice — contested surplus funds matters often require court hearings and precise pleadings.
• Act promptly. Some counties or referees will hold surplus funds for a limited time before turning them over to the state or requiring a court proceeding to untangle competing claims.

When to consult an attorney

If the claim is contested, if the chain of title is complicated, or if you are an heir or representative of a deceased owner without clear probate paperwork, consult an attorney who handles New York foreclosure or real property matters. A lawyer can help prepare pleadings, obtain probate documents, and, if necessary, bring a motion in Supreme Court to secure distribution of the funds.

Disclaimer

This article is educational only and does not constitute legal advice. Laws and procedures change. For advice about your specific situation, consult a licensed New York attorney or the county official handling surplus money claims.