Court Opinions

State Laws

US Code

US Constitution

New York Real Property Actions & Proceedings - Article 13 - § 1341 Payment Into Court of Amount Due

Legal Research Home > New York Laws > New York Real Property Actions & Proceedings (RPA) > New York Real Property Actions & Proceedings - Article 13 - § 1341 Payment Into Court of Amount Due

 
    §  1341. Payment into court of amount due.  Where an action is brought
  to foreclose a mortgage upon real property upon which any  part  of  the
  principal or interest is due, and another portion of either is to become
  due,  and the defendant pays into court the amount due for principal and
  interest and the costs of the action, together with the expenses of  the
  proceedings to sell, if any, the court shall:
    1.  Dismiss  the  complaint  without  costs  against plaintiff, if the
  payment is made before judgment directing sale; or
    2. Stay all proceedings upon judgment, if the payment  is  made  after
  judgment  directing sale and before sale; but, upon a subsequent default
  in the payment of principal or interest, the court  may  make  an  order
  directing  the enforcement of the judgment for the purpose of collecting
  the sum then due.

Last modified: February 18, 2012