405. Effect of cross-claim by mortgagor on the mortgagee's right to possession.

405.     Effect of cross-claim by mortgagor on the mortgagee's right to possession.

A legal mortgagee's right to possession cannot, in the absence of some contractual or statutory provision to the contrary, be defeated by a cross-claim for damages made by a mortgagor, even if the cross-claim is liquidated and admitted and in excess of the mortgage arrears, or is for unliquidated damages giving rise to a right of equitable set-off1. However, in the case of a dwelling house, the court may adjourn proceedings for possession, stay or suspend an order for possession, or postpone the date for