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New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 1341. Payment into court of amount due

Current as of January 01, 2026 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 1341. Payment into court of amount due - last updated January 01, 2026 | https://codes.findlaw.com/ny/real-property-actions-and-proceedings-law/rpa-sect-1341/

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