New York § 1321 Default or admission

New York Statutes

§ 1321 — Default or admission

New York § 1321

Law RPAReal Property Actions & Proceedings

Art. 13Action to Foreclose a Mortgage

This text of New York § 1321 (Default or admission) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property Actions & Proceedings § 1321 (2026).

Text

§ 1321. Default or admission.

1.If the defendant fails to answer\nwithin the time allowed or the right of the plaintiff is admitted by the\nanswer, upon motion of the plaintiff, the court shall ascertain and\ndetermine the amount due, or direct a referee to compute the amount due\nto the plaintiff and to such of the defendants as are prior\nincumbrancers of the mortgaged premises, and to examine and report\nwhether the mortgaged premises can be sold in parcels and, if the whole\namount secured by the mortgage has not become due, to report the amount\nthereafter to become due. Where the defendant is an infant, and has put\nin a general answer by his guardian, or if any of the defendants be\nabsentees, the order of reference also shall direct the referee to take\nproof of the facts and ci

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§ 1321. Default or admission. 1. If the defendant fails to answer\nwithin the time allowed or the right of the plaintiff is admitted by the\nanswer, upon motion of the plaintiff, the court shall ascertain and\ndetermine the amount due, or direct a referee to compute the amount due\nto the plaintiff and to such of the defendants as are prior\nincumbrancers of the mortgaged premises, and to examine and report\nwhether the mortgaged premises can be sold in parcels and, if the whole\namount secured by the mortgage has not become due, to report the amount\nthereafter to become due. Where the defendant is an infant, and has put\nin a general answer by his guardian, or if any of the defendants be\nabsentees, the order of reference also shall direct the referee to take\nproof of the facts and circumstances stated in the complaint and to\nexamine the plaintiff or his agent, on oath, as to any payments which\nhave been made. The order of reference shall also include the name and\ntelephone number of the mortgage servicer for a plaintiff involving a\nmortgage foreclosure of a one- to four-family residential property.\n 2. When he moves for judgment, the plaintiff shall show whether any of\nthe defendants who have not appeared are absentees.\n