Legislation
SECTION 1341
Payment into court of amount due
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13
§ 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.
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.