New York Laws
Article 13 - Action to Foreclose a Mortgage
1321 - Default or Admission.

§ 1321. Default or admission. 1. If the defendant fails to answer
within the time allowed or the right of the plaintiff is admitted by the
answer, upon motion of the plaintiff, the court shall ascertain and
determine the amount due, or direct a referee to compute the amount due
to the plaintiff and to such of the defendants as are prior
incumbrancers of the mortgaged premises, and to examine and report
whether the mortgaged premises can be sold in parcels and, if the whole
amount secured by the mortgage has not become due, to report the amount
thereafter to become due. Where the defendant is an infant, and has put
in a general answer by his guardian, or if any of the defendants be
absentees, the order of reference also shall direct the referee to take
proof of the facts and circumstances stated in the complaint and to
examine the plaintiff or his agent, on oath, as to any payments which
have been made. The order of reference shall also include the name and
telephone number of the mortgage servicer for a plaintiff involving a
mortgage foreclosure of a one- to four-family residential property.

2. When he moves for judgment, the plaintiff shall show whether any of
the defendants who have not appeared are absentees.