New York Statutes

§ 1321 — Default or admission

New York·Law RPA Real Property Actions & Proceedings·Art. 13 Action to Foreclose a Mortgage

§ 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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