In a foreclosure action, the judgment of foreclosure directs that the mortgaged premises be sold at auction to pay the sum due to the foreclosing plaintiff. These procedures include a Foreclosure Action Surplus Monies Form, which the Referee must complete and sign, within 30 days after the auction.Customer: Hi, I am looking to file a motion in the NY Supreme Court appellate division in a foreclosure case. I have already filed the notice of appeal. Appellate Division affirms denial of motion to vacate foreclosure judgment. A lender, assignee, or mortgage loan servicer must file the 90-day notice, and other certain information, with the Superintendent of the Department of Financial. To bring a foreclosure action in NY, plaintiff must own both the mortgage and note at the inception of the action; Deutsche Bank National Trust Company v. On December 24, 2013, a judgment of foreclosure and sale was entered in the Kings County Clerk's Office in the foreclosure action. Of entry of the judgment of foreclosure and sale for 90 days from the date they receive the 1305 notice from a successor-in-interest in the property. However, the doctors were not named as defendants or served with process in the foreclosure action.