§ 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
Full Text of § 347
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.