Subsequent mortgage creditors and lawful titleholders in final and unappealable judgments, duly recorded or secured by embargo on the loan being foreclosed, may file a sworn motion during the procedure establishing the amount of the loan owed to them. This procedure shall be essential to exercise the right granted to them in § 2722 of this title.
Without affecting the right granted to certain subsequent creditors in § 2722 of this title, the right of a debtor, third owner, or his heirs to question the amount of the subsequent credit shall not paralyze the summary foreclosure procedure being processed by the creditor of the preferred lien. Any incident to these effects shall be resolved in a separate, ordinary action in a competent court and shall not paralyze the summary foreclosure procedure.
History —Mortgage Law, 1979, § 211; June 14, 1980, No. 143, p. 535.