Section 8302. Additional allowance to plaintiff as of right in real property actions  


Latest version.
  • (a) Actions in which allowance made. A plaintiff, if a judgment
      is  entered  in  his  favor  and  he  recovers  costs, is entitled to an
      additional allowance, in an action:
        1. to foreclose a mortgage upon real property; or
        2. for the partition of real property; or
        3. to compel the determination of a claim to real property.
        (b) Amount of allowance. An additional allowance under this rule shall
      be computed upon the amount found to be due upon the  mortgage,  or  the
      value  of  the  property  which  is partitioned or the claim to which is
      determined, at the rate of:
        1. ten per cent of a sum not exceeding two hundred dollars; plus
        2. five per cent of any additional sum  not  exceeding  eight  hundred
      dollars; plus
        3.  two  per  cent  of  any  additional sum not exceeding two thousand
      dollars; plus
        4. one per cent of any additional  sum  not  exceeding  five  thousand
      dollars.
        (c)  Additional  allowance  where  action  settled.  Where  an  action
      specified in subdivision (a) is settled before judgment,  the  plaintiff
      is  entitled  to  an  additional allowance upon the amount paid upon the
      settlement, computed at one-half of the rates set forth  in  subdivision
      (b).
        (d)  Additional  allowance  in  foreclosure  action.  In  an action to
      foreclose a mortgage upon real property,  a  plaintiff  entitled  to  an
      additional  allowance  pursuant  to subdivision (a) or (c) shall also be
      entitled to the sum of fifty dollars. Where a part of the mortgage  debt
      is  not due, if the judgment directs the sale of the whole property, the
      additional allowance specified in subdivision (a) shall be  computed  as
      provided in subdivision (b) upon the whole sum unpaid upon the mortgage.
      If  the  judgment  directs the sale of a part only, it shall be computed
      upon the sum actually due, and if the court thereafter grants  an  order
      directing  the  sale  of  the  remainder  or a part thereof, it shall be
      computed  upon  the  amount  then  due.  The  aggregate  of   additional
      allowances  so  computed  shall not exceed the sum which would have been
      allowed if the entire sum secured by the mortgage had been due when  the
      judgment was entered.