§667-37 - Judicial action of foreclosure before public sale.
[§667-37] Judicial action of foreclosure
before public sale. This part shall not prohibit the borrower, the
foreclosing mortgagee, or any other creditor having a recorded lien on the
mortgaged property before the recordation of the notice of default under
section 667-23, from filing an action for the judicial foreclosure of the
mortgaged property in the circuit court of the circuit where the mortgaged
property is located; provided that the action is filed before the public sale
is held. While that circuit court foreclosure action is pending, the power of
sale foreclosure process shall be stayed. [L 1998, c 122, pt of §1]