762. Proceedings instituted by mortgagee when nothing due.

762.     Proceedings instituted by mortgagee when nothing due.

If the mortgagee brings a claim for foreclosure1, or resists redemption proceedings2, when there is nothing due to him, he will have to pay, or will be deprived of, costs. If he is paid off before the claim is heard and carries it to a hearing, he may have his costs up to payment but must pay those incurred subsequently3.