Section 1315. Action by owner of junior participating interest  


Latest version.
  • An action
      may be maintained by the  owner  of  a  junior  participating  share  or
      interest in a bond or note secured by a mortgage on real, or on real and
      personal  property,  for  the  payment of principal and interest and for
      foreclosure of such bond or note and mortgage in its entirety, or in the
      alternative, subject to the interest of the owner of the  senior  share,
      notwithstanding  that  the  entire  mortgage debt may be due and payable
      according to its terms, in the event that the owner of the senior share,
      to whom is given the right in the  participating  agreement  to  enforce
      such  bond  or  note  and  mortgage  shall fail or refuse to commence an
      action for the enforcement of such bond or  note  and  mortgage  in  any
      manner  permitted  thereby, after ten days' written notice and demand to
      commence any such action, following default in the performance of any of
      the terms and covenants of such bond or note and mortgage.    Upon  such
      failure  or  refusal,  such  junior participant may exercise any and all
      options and remedies provided in such  bond  or  note  and  mortgage  or
      otherwise available to any holder thereof.