New York Real Property Actions & Proceedings - Article 13 - § 1321 Default or Admission
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New York Laws > New York Real Property Actions & Proceedings (RPA) > New York Real Property Actions & Proceedings - Article 13 - § 1321 Default or Admission
§ 1321. Default or admission. 1. If the defendant fails to answer
within the time allowed or the right of the plaintiff is admitted by the
answer, upon motion of the plaintiff, the court shall ascertain and
determine the amount due, or direct a referee to compute the amount due
to the plaintiff and to such of the defendants as are prior
incumbrancers of the mortgaged premises, and to examine and report
whether the mortgaged premises can be sold in parcels and, if the whole
amount secured by the mortgage has not become due, to report the amount
thereafter to become due. Where the defendant is an infant, and has put
in a general answer by his guardian, or if any of the defendants be
absentees, the order of reference also shall direct the referee to take
proof of the facts and circumstances stated in the complaint and to
examine the plaintiff or his agent, on oath, as to any payments which
have been made.
2. When he moves for judgment, the plaintiff shall show whether any of
the defendants who have not appeared are absentees.
Section: 1306 1307 1311 1312 1313 1315 1320 1321 1325 1331 1341 1351 1352 1353 1354
Last modified: February 18, 2012
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