434. Extent of mortgagee's liability to execute repairs.

d.     Mortgagee's Liability to Execute Repairs

434.     Extent of mortgagee's liability to execute repairs.

The mortgagee's liability to keep the mortgaged premises in repair depends on the considerations that by taking possession he has excluded the mortgagor from control of the property, and that the rents are the proper fund out of which to provide for repairs. The mortgagee is not, however, judged by the degree of care which a person would take of his own property. He is chargeable in respect of gross negligence1; and if his default may cause a forfeiture of leasehold property, he is