Rule 4:64-3.Surplus Moneys

Last amended May 1, 2019 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:64-3 lets a party named in a foreclosure judgment apply for surplus sale proceeds through the Office of Foreclosure, while non-parties apply in the vicinage, with detailed proof required to establish the applicant's identity, priority, and the amount claimed.

Full Text of Rule 4:64-3

Text sizeJump to: (a) (b) (c)

(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.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:82-4; amended July 29, 1977 to be effective September 6, 1977; amended July 16, 1981 to be effective September 14, 1981; amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; former text; amended and reallocated into paragraphs (a) and (b), and paragraph (a) and (b) captions adopted July 9, 2008 to be effective September 1, 2008; new paragraph (c) adopted April 30, 2019 to be effective May 1, 2019.

Plain-English Summary

Money left over after a foreclosure sale doesn't just sit there — parties can apply for it, but the process depends on who's asking. A party named in the foreclosure judgment applies through the Office of Foreclosure, which reports on and recommends unopposed payout orders after checking lien priority and the amounts each claimant has proven due; anyone else, including someone applying before the deed is even delivered, has to file the motion in the vicinage instead.

Getting the money released from the Superior Court Trust Fund takes real documentation: an affidavit identifying the property and computing the amount claimed, proof of the applicant's standing, a description of any competing claims and why the applicant's interest comes first, proof the motion was served on every party, a proposed order, a copy of the writ of execution, and additional paperwork if the applicant is a business or the estate of someone who died.

Frequently Asked Questions

Who can apply for surplus money left over after a foreclosure sale?

Any party with an interest in the proceeds, though a party named in the judgment applies through the Office of Foreclosure while others apply in the vicinage.

What must accompany a motion for foreclosure surplus funds held in the Superior Court Trust Fund?

An affidavit computing the amount claimed and identifying competing claims, proof of service on all parties, a proposed order, and a copy of the writ of execution, among other required documents.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:64-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: foreclosure surplus moneysurplus moneys application