Section 1321. Default or admission  


Latest version.
  • 1. If the defendant fails to answer
      within the time allowed or the right of the plaintiff is admitted by the
      answer, upon motion of the plaintiff,  the  court  shall  ascertain  and
      determine  the amount due, or direct a referee to compute the amount due
      to  the  plaintiff  and  to  such  of  the  defendants  as   are   prior
      incumbrancers  of  the  mortgaged  premises,  and  to examine and report
      whether the mortgaged premises can be sold in parcels and, if the  whole
      amount  secured by the mortgage has not become due, to report the amount
      thereafter to become due. Where the defendant is an infant, and has  put
      in  a  general  answer  by  his guardian, or if any of the defendants be
      absentees, the order of reference also shall direct the referee to  take
      proof  of  the  facts  and  circumstances stated in the complaint and to
      examine the plaintiff or his agent, on oath, as to  any  payments  which
      have been made.
        2. When he moves for judgment, the plaintiff shall show whether any of
      the defendants who have not appeared are absentees.