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The amount realized from the foreclosure sale of the mortgaged property shall, after
deducting the costs of the sale, be paid to the person foreclosing the mortgage, and
when there shall be any balance or residue, after paying off the mortgage debt due,
the same shall be paid to junior encumbrancers in the order of their priority, to be
ascertained by the court, or if there be no such encumbrancers or there be a
balance or residue after payment to them, then to the mortgagor or his duly
authorized agent, or to the person entitled to it.
Sec. 5. How sale to proceed in case the debt is not all due.
If the debt for which the mortgage or encumbrance was held is not all due as
provided in the judgment, as soon as a sufficient portion of the property has been
sold to pay the total amount and the costs due, the sale shall terminate; and
afterwards, as often as more becomes due for principal or interest and other valid
charges, the court may, on motion, order more to be sold. But if the property cannot
be sold in portions without prejudice to the parties, the whole shall be ordered to be
sold in the first instance, and the entire debt and costs shall be paid, if the proceeds
of the sale be sufficient therefor, there being a rebate of interest where such rebate
is proper.
If after the mortgage sale, there is still deficiency, the court will execute
against the mortgagee.
Sec. 7. Registration.
A certified copy of the final order of the court confirming the sale shall be registered
in the registry of deeds. If no right of redemption exists, the certificate of title in the
name of the mortgagor shall be cancelled, and a new one issued in the name of the
purchaser.
Where a right of redemption exists, the certificate of title in the name of the
mortgagor shall not be cancelled, but the certificate of sale and the order
confirming the sale shall be registered and a brief memorandum thereof made by
the registrar of deeds upon the certificate of title. In the event the property is
redeemed, the deed of redemption shall be registered with the registry of deeds,
and a brief memorandum thereof shall be made by the registrar of deeds on said
certificate of title.
If the property is not redeemed, the final deed of sale executed by the sheriff in
favor of the purchaser at the foreclosure sale shall be registered with the registry of
deeds; whereupon the certificate of title in the name of the mortgagor shall be
cancelled and a new one issued in the name of the purchaser.