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This entry was published on 2020-11-13
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SECTION 1351
Judgment of sale
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13
§ 1351. Judgment of sale. 1. The judgment shall direct that the
mortgaged premises, or so much thereof as may be sufficient to discharge
the mortgage debt, the expenses of the sale and the costs of the action,
and which may be sold separately without material injury to the parties
interested, be sold by or under the direction of the sheriff of the
county, or a referee within ninety days of the date of the judgment. The
judgment 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. Where the mortgage debt is not all due, and the mortgaged property
is so circumstanced that it can be sold in parcels without injury to the
interests of the parties, the final judgment shall direct that no more
of the property be sold in the first place than is sufficient to satisfy
the sum then due, with the costs of the action and expenses of the sale.
Upon a subsequent default in the payment of principal or interest the
plaintiff may apply for an order directing the sale of the residue, or
of so much thereof as is necessary to satisfy the amount then due, with
the costs of the application and the expenses of the sale. The plaintiff
may apply for and obtain such an order as often as a default happens. If
it appears that the mortgaged property is so circumstanced that a sale
of the whole will be most beneficial to the parties, the final judgment
may direct that the whole property be sold discharged from the entire
mortgage debt and that the proceeds of the sale, after deducting the
costs of the action and the expenses of the sale, be either applied to
the satisfaction of the whole sum secured by the mortgage, with such a
rebate of interest as justice requires; or be first applied to the
payment of the sum due, and the balance, or so much thereof as is
necessary, be invested at interest for the benefit of the plaintiff, to
be paid to him from time to time as any part of the principal or
interest becomes due, or may, at the option of the mortgagee, direct
that the whole property be sold to satisfy the debt then due with the
costs of the action and expenses of the sale, subject to the continuing
lien of the mortgage for the amount of the debt not then due and unpaid
according to its terms. The provisions of this section shall not limit
or affect the plaintiff's right to judgment and sale in an action
specified in section 1315.

3. If it appears to the satisfaction of the court that there exists no
more than one other mortgage on the premisis which is then due and which
is subordinate only to the plaintiff's mortgage but is entitled to
priority over all other liens and encumbrances except those described in
subdivision 2 of section 1354, upon motion of the holder of such
mortgage made without valid objection of any other party, the final
judgement may direct payment of the subordinate mortgage debt from the
proceeds in accordance with subdivision 3 of section 1354.