634. Liability for repayment on mortgagor's death.

634.     Liability for repayment on mortgagor's death.

On the mortgagor's death the mortgagee may pursue his rights and remedies against the mortgagor's estate1. As between the persons interested in the mortgaged property and those interested in the general personal estate, the mortgaged property is, unless the deceased has signified a contrary intention, primarily liable to bear the debt2. This principle does not apply if the mortgagor is a surety only, and the debt is paid off by the principal debtor after his death3.