If the mortgagee is not in possession and there is likely to be any difficulty as to obtaining possession, he may claim also delivery of possession, although this is not necessary. A claim for foreclosure includes a claim for possession, and delivery of possession may be ordered as against the mortgagor even though not asked for by the claim1, notwithstanding that the mortgagor does not appear2, but will not be ordered without notice where not asked for3
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Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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