California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 14 — Lien, Chapter 2 — Mortgage, Article 1 — Mortgages in General, Section 2927
A mortgage does not entitle the mortgagee to the possession of the property, unless authorized by the express terms of the mortgage; but after the execution of the mortgage the mortgagor may agree to such change of possession without a new consideration.
Notes
Limits a mortgagee’s right to possess mortgaged property by denying possession unless the mortgage expressly authorizes it. After the mortgage is executed, however, the mortgagor may agree to a change of possession without new consideration, allowing possession to change later by agreement even when the original mortgage did not authorize mortgagee possession.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 2927 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-14/chapter-2/article-1/section-2927