Section 1341. Payment into court of amount due  


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  • Where an action is brought
      to foreclose a mortgage upon real property upon which any  part  of  the
      principal or interest is due, and another portion of either is to become
      due,  and the defendant pays into court the amount due for principal and
      interest and the costs of the action, together with the expenses of  the
      proceedings to sell, if any, the court shall:
        1.  Dismiss  the  complaint  without  costs  against plaintiff, if the
      payment is made before judgment directing sale; or
        2. Stay all proceedings upon judgment, if the payment  is  made  after
      judgment  directing sale and before sale; but, upon a subsequent default
      in the payment of principal or interest, the court  may  make  an  order
      directing  the enforcement of the judgment for the purpose of collecting
      the sum then due.