N.Y. Real Property Actions & Proceedings Law § 1321: Default or admission

§ 1321. Default or admission. 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. The order of reference shall also include the name and

telephone number of the mortgage servicer for a plaintiff involving a

mortgage foreclosure of a one- to four-family residential property.

2. When he moves for judgment, the plaintiff shall show whether any of

the defendants who have not appeared are absentees.