§ 1523. Judgment of foreclosure in certain cases.
1.In an action\nunder section 1503 if it shall appear to the court that there was a\ndefect in the original foreclosure proceedings and such defect was not\noccasioned by the fraud or wilful neglect of the plaintiff, the judgment\nmay foreclose or reforeclose the mortgage pursuant to article 13 of this\nchapter, notwithstanding that an action to foreclose the mortgage would\notherwise be barred; provided, however, that no recovery shall be\ngranted for any residue of the debt, remaining unsatisfied, if an action\nto foreclose the mortgage would otherwise be barred.\n 2. If it shall appear to the court in any such action that the defect\nin the foreclosure proceedings was not due to fraud or wilful neglect of\nthe plaintiff and that the
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§ 1523. Judgment of foreclosure in certain cases. 1. In an action\nunder section 1503 if it shall appear to the court that there was a\ndefect in the original foreclosure proceedings and such defect was not\noccasioned by the fraud or wilful neglect of the plaintiff, the judgment\nmay foreclose or reforeclose the mortgage pursuant to article 13 of this\nchapter, notwithstanding that an action to foreclose the mortgage would\notherwise be barred; provided, however, that no recovery shall be\ngranted for any residue of the debt, remaining unsatisfied, if an action\nto foreclose the mortgage would otherwise be barred.\n 2. If it shall appear to the court in any such action that the defect\nin the foreclosure proceedings was not due to fraud or wilful neglect of\nthe plaintiff and that the defendant or the person under whom he claims\nwas not actually prejudiced thereby, the judgment may fix a time for\nredemption of the property and provide that a failure to redeem within\nsuch time shall thereafter preclude the defendant from redeeming the\nproperty or claiming any right, title or interest therein.\n 3. If a redemption of the property is ordered, the court must direct\nthat the value of any improvement to the property made subsequent to the\noriginal sale or conveyance in lieu of foreclosure shall be added in\ncomputing the amount necessary to redeem the premises, in the same\nmanner as if the value of such improvements was a portion of the\nmortgage debt.\n 4. If a new sale of the premises is ordered, the court may include in\nthe judgment a provision awarding to the plaintiff the value of any\nimprovements to the property made subsequent to the original sale or\nconveyance in lieu of foreclosure, in the same manner as if the value of\nsuch improvements was a portion of the mortgage debt.\n 5. The relief provided for in subdivision two of this section shall\nnot be granted unless\n a. the mortgage was executed after September 1, 1951, or\n b. the defendant whose right title or interest will be extinguished by\nfailure to redeem the property within the time fixed by the judgment\nheld such right to redeem only by virtue of a subordinate mortgage or\nother lien, and an action to foreclose such right of redemption would\nnot be barred at the time this act shall take effect.\n The relief provided for in subdivision four of this section shall not\nbe granted unless the improvements were made after September 1, 1951,\nexcept to the extent that a recovery, allowance or credit for or on\naccount of the value of any improvements, including improvements made\nprior to the effective date of this act, might be granted, in any other\naction or proceeding, to the person maintaining the action provided for\nin section 1503.\n