§ 1523. Judgment of foreclosure in certain cases. 1. In an action
under section 1503 if it shall appear to the court that there was a
defect in the original foreclosure proceedings and such defect was not
occasioned by the fraud or wilful neglect of the plaintiff, the judgment
may foreclose or reforeclose the mortgage pursuant to article 13 of this
chapter, notwithstanding that an action to foreclose the mortgage would
otherwise be barred; provided, however, that no recovery shall be
granted for any residue of the debt, remaining unsatisfied, if an action
to foreclose the mortgage would otherwise be barred.

2. If it shall appear to the court in any such action that the defect
in the foreclosure proceedings was not due to fraud or wilful neglect of
the plaintiff and that the defendant or the person under whom he claims
was not actually prejudiced thereby, the judgment may fix a time for
redemption of the property and provide that a failure to redeem within
such time shall thereafter preclude the defendant from redeeming the
property or claiming any right, title or interest therein.

3. If a redemption of the property is ordered, the court must direct
that the value of any improvement to the property made subsequent to the
original sale or conveyance in lieu of foreclosure shall be added in
computing the amount necessary to redeem the premises, in the same
manner as if the value of such improvements was a portion of the
mortgage debt.

4. If a new sale of the premises is ordered, the court may include in
the judgment a provision awarding to the plaintiff the value of any
improvements to the property made subsequent to the original sale or
conveyance in lieu of foreclosure, in the same manner as if the value of
such improvements was a portion of the mortgage debt.

5. The relief provided for in subdivision two of this section shall
not be granted unless

a. the mortgage was executed after September 1, 1951, or

b. the defendant whose right title or interest will be extinguished by
failure to redeem the property within the time fixed by the judgment
held such right to redeem only by virtue of a subordinate mortgage or
other lien, and an action to foreclose such right of redemption would
not be barred at the time this act shall take effect.

The relief provided for in subdivision four of this section shall not
be granted unless the improvements were made after September 1, 1951,
except to the extent that a recovery, allowance or credit for or on
account of the value of any improvements, including improvements made
prior to the effective date of this act, might be granted, in any other
action or proceeding, to the person maintaining the action provided for
in section 1503.