Rule 4:64-3 - Surplus Moneys(a)Applications Made by Parties Named in the Judgment of Foreclosure. Applications for withdrawal of surplus moneys in foreclosure actions may be presented at any time after the sale on motion, in accordance with R. 1:6-3, and notice to all parties, including defaulting defendants whose claims are not directed in the execution to be paid out of the proceeds of sale. Such motions made by a party named in the judgment of foreclosure shall be filed with the Office of Foreclosure. The Office of Foreclosure shall report on and recommend the entry of orders for the withdrawal of surplus money provided the motion is unopposed. The report of the Office of Foreclosure shall list the priority of all lien claims and shall include the amounts due any lien holder who has filed a claim to surplus money supported by proofs required by Rule 4:64-2.(b)Motions by Others. A motion made by a non-party to the judgment of foreclosure shall be filed in the vicinage. A motion for payment of surplus money prior to the delivery of the deed also shall be filed in the vicinage. The sheriff or other officer making the sale shall accept the receipt or order of the person to whom such surplus, or any part of it, is ordered to be paid, as payment to that extent of the purchase money, or may pay the same to such person. Payments shall be made in accordance with R. 4:57 - 2.(c) The following must accompany a notice of motion for the payout of foreclosure surplus moneys in the custody of the Superior Court Trust Fund: (1) An affidavit or certification supporting the motion stating: (A) The property address that generated the foreclosure surplus moneys;(B) Proof that the applicant is the party named in the foreclosure action, unless the applicant is proceeding under Rule R:64-3(b);(C) A computation of the amount due on the applicant's claim, including, if applicable, the original amount due, any credits, and a computation showing the amount of accrued interest;(D) The identity of other parties with an interest in the surplus moneys and the factual basis supporting the applicant's claim that his/her/its interest is superior;(E) A recital of the property's ownership at the time of the sheriff's sale and, if the owners are different from the party or parties who executed the mortgage, the documents showing how the ownership interest was created.(2) An affidavit or certificate of service evidencing the service of the motion and associated papers on all the parties, including defaulted parties, to which should be attached copies of U.S. Mail return receipt requested green cards or the unclaimed certified mail envelope;(3) The proposed form of order;(4) A copy of the writ of execution;(5) Where the applicant is a business entity, an affidavit by an executive officer or the governing board's resolution, under the seal of the business entity, stating that the representative making the application is a duly authorized representative of the business entity.(6) Where the applicant is deceased, appropriate testate or intestate probate letters issued no more than 60 days prior to the surplus moneys application to establish the personal representative's right to act for the decedent's estate.Source-R.R. 4:82-4; amended July 29, 1977 to be effective 9/6/1977; amended July 16, 1981 to be effective 9/14/1981; amended July 13, 1994 to be effective 9/1/1994; amended July 10, 1998 to be effective 9/1/1998; former text amended and reallocated into paragraphs (a) and (b), and paragraph (a) to be effective 9/1/2008; new paragraph (c) adopted April 30, 2019 to be effective 5/1/2019.