Section 17-107. Effect of part payment on time limited for foreclosure of a mortgage


Latest version.
  • 1. A  payment  on  account  of  a  mortgage  indebtedness,  or  instalment  thereof or interest thereon, which is effective to revive an
      action to recover such indebtedness, instalment or interest or to extend
      the time limited for such action, is  also  effective,  between  persons
      described  in  subdivision two of this section, to make the time limited
      for commencement of an action to foreclose the  mortgage  run  from  the
      date of payment, unless the payment is accompanied by written disclaimer
      of intention to affect the time limited for foreclosure of the mortgage.
        2.  A  payment on account of the indebtedness secured by a mortgage of
      real property as defined in section 17-105, or a mortgage of a lease  of
      real  property,  or  on  account  of  an  instalment thereof or interest
      thereon, is effective as provided in this section:
        a. as against (1) the person  who  made  it,  to  the  extent  of  any
      interest   held  by  him  at  the  date  thereof,  and  (2)  any  person
      subsequently acquiring from him any such interest, without giving  value
      or with actual notice of the making of the payment, to the extent of the
      interest so acquired; and
        b.  in  favor of (1) the mortgagee or his assignee, and (2) any person
      who, after the date of the payment, succeeds or  is  subrogated  to  the
      interest  of  either  of  them  in the mortgage or otherwise acquires an
      interest in the enforcement of the mortgage.
        If the payment is made before expiration of the time limited  for  the
      commencement  of the action, it is also effective against any subsequent
      purchaser of the interest of the person who made  the  payment,  to  the
      extent  of  the interest that the person who made the payment had at the
      time thereof.
        3. No payment described in subdivision one of  this  section  has  any
      greater  effect, with respect to the time limited for foreclosure of the
      mortgage, than that provided in this section.