Sec. 49-30. Omission of parties in foreclosure actions.
Sec. 49-30. Omission of parties in foreclosure actions. When a mortgage or lien
on real estate has been foreclosed and one or more parties owning any interest in or
holding an encumbrance on such real estate subsequent or subordinate to such mortgage
or lien has been omitted or has not been foreclosed of such interest or encumbrance
because of improper service of process or for any other reason, all other parties foreclosed by the foreclosure judgment shall be bound thereby as fully as if no such omission
or defect had occurred and shall not retain any equity or right to redeem such foreclosed
real estate. Such omission or failure to properly foreclose such party or parties may be
completely cured and cleared by deed or foreclosure or other proper legal proceedings
to which the only necessary parties shall be the party acquiring such foreclosure title,
or his successor in title, and the party or parties thus not foreclosed, or their respective
successors in title.
(1949 Rev., S. 7211.)
Does not change common law rights of those parties who had been omitted from the first foreclosure and thus does not
create substantive rights. 278 C. 219.
Cited. 37 CA 764. Section establishes procedure for foreclosing an encumbrance that is omitted in the original foreclosure. Term "encumbrance" refers to recorded encumbrances. Section intended to benefit foreclosing party who, through
mistake or oversight, omitted an encumbrance; it is not intended to be used as a sword by the omitted party. 63 CA 624.