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§ 347.Redemption of Mortgaged Premises By Mortgagor Not Entitled to Maintain Action

Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 347 lets any one of several mortgagors, when not all of them are entitled to redeem under § 346, redeem their own divided or undivided share of the mortgaged property and obtain an accounting proportional to that share.

Full Text of § 347

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If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this Chapter, any one of them who is entitled to maintain such an action may redeem therein a divided or undivided part of the mortgaged premises, according as his interest may appear and have an accounting, for a part of the rents and profits proportionate to his interest in the mortgaged premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money as the value of his divided or undivided interest in the premises bears to the whole of such premises.

Plain-English Summary

Section 347 works alongside § 346 when a mortgage involves more than one mortgagor, or more than one person claiming under a mortgagor, and some of them no longer qualify to redeem under § 346’s rules. Whichever of them is still entitled to redeem may do so as to a divided or undivided part of the mortgaged premises corresponding to that person’s own interest.

That redeeming party also gets an accounting for a share of the rents and profits proportional to their interest, on paying a matching share of the mortgage debt — calculated using the same ratio between that person’s interest and the whole of the mortgaged premises.

Frequently Asked Questions

Can one of several mortgagors redeem mortgaged property alone in California?

Yes, under § 347, if that mortgagor is still entitled to redeem under § 346 — they may redeem their own divided or undivided share and get a proportional accounting.

How is the redeeming mortgagor’s share of the mortgage debt calculated?

By the same proportion as their divided or undivided interest in the mortgaged premises bears to the whole of those premises.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: multiple mortgagors redemption California