ยง 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.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 13 - Action to Foreclose a Mortgage
1301 - Separate Action for Mortgage Debt.
1302 - Foreclosure of Certain Residential Mortgages.
1302-A - Defense of Lack of Standing; Not Waived.
1303 - Foreclosures; Required Notices.
1304 - Required Prior Notices.
1306 - Filing With Superintendent.
1307 - Duty to Maintain Foreclosed Property.
1308 - Inspecting, Securing and Maintaining Vacant and Abandoned Residential Real Property.
1309 - Expedited Application for Judgment of Foreclosure and Sale for Vacant and Abandoned Property.
1310 - Vacant and Abandoned Property; Statewide Vacant and Abandoned Property Electronic Registry.
1312 - Representative Defendants.
1313 - Permissible Defendants.
1315 - Action by Owner of Junior Participating Interest.
1320 - Special Summons Requirement in Private Residence Cases.
1341 - Payment Into Court of Amount Due.
1352 - Judgment Foreclosing Right of Redemption.
1354 - Distribution of Proceeds of Sale.
1355 - Report of Sale; Confirmation.
1361 - Application for Surplus; Reference.
1362 - Payment of Surplus Out of Court.
1391 - Proceeding for Share of Unknown Heirs.