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Current as of January 01, 2024 | Updated by Findlaw Staff
1. Whereas, mortgagees frequently bring actions of ejectment for the recovery of lands and estates to them mortgaged, and bring actions on bonds given by mortgagors to pay the money secured by such mortgages, and for performing the covenants therein contained, and likewise commence suits in equity to foreclose their mortgagors from redeeming their estates; and the courts of law, where such ejectments are brought, have not power to compel such mortgagees to accept the principal moneys and interests due on such mortgages and costs, or to stay such mortgagees from proceeding to judgment and execution in such actions; but such mortgagors must have recourse to a court of equity for that purpose, in which case likewise such court does not give relief until the hearing of the cause; for remedy thereof, and to obviate all objections relating to the same, that from henceforth where any action shall be brought on any bond for payment of the money secured by such mortgage, or performance of the covenants therein contained, or where any action of ejectment shall be brought by any mortgagee or mortgagees, his, her or their heirs, executors, administrators or assigns, for the recovery of the possession of any mortgaged lands, tenements or hereditaments, and no suit shall be then depending in the court of equity, for or touching the foreclosing or redeeming of such mortgaged lands, tenements or hereditaments, if the person or persons having right to redeem such mortgaged lands, tenements or hereditaments, and who shall appear and become defendant or defendants in such action, shall, at any time pending such action, pay unto such mortgagee or mortgagees, and in case of his, her or their refusal, shall bring into court, where such action shall be depending, all the principal moneys and interest due on such mortgage, and also all such costs as have been expended in any suit or suits at law, or in equity, upon such mortgage (such money for principal, interest and costs to be ascertained and computed by the court where such action is or shall be depending, or by the proper officer, by such court to be appointed for that purpose), the moneys so paid by such mortgagee or mortgagees, or brought into such court, shall be deemed and taken to be in full satisfaction and discharge of such mortgage; and the court shall and may discharge every such mortgagor or defendant of and from the same accordingly; and shall and may, by rule or rules of the same court, compel such mortgagee or mortgagees, at the cost and charges of such mortgagor or mortgagors, to assign, surrender, or reconvey such mortgaged lands, tenements and hereditaments, and such estate and interests as such mortgagee or mortgagees have or hath therein, and deliver up all deeds, evidences and writings in his, her, or their custody, relating to the title of such mortgaged lands, tenements and hereditaments, unto such mortgagor or mortgagors, who shall have paid or brought such moneys into the court, his, her, or their heirs, executors or administrators, or to such other person or persons, as he, she, or they shall for that purpose nominate or appoint.
Cite this article: FindLaw.com - New Jersey Acts Saved from Repeal ACTS SAVED 2 § 65-9(1) - last updated January 01, 2024 | https://codes.findlaw.com/nj/acts-saved-from-repeal/nj-st-sect-acts-saved-2-65-9-1/
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