755. Mortgagee's costs reasonably and properly incurred.

The mortgagee's costs, reasonably and properly incurred, of proceedings between himself and the mortgagor or his surety are allowable1. The classic examples are proceedings for payment, sale, foreclosure or redemption2 but nowadays the most common are those for possession of the mortgaged property preliminary to an exercise of the mortgagee's statutory power of sale out of court3 and those in which the mortgagor contends that the mortgage is void or voidable4.

Where, however, the mortgagee has sold the property, a claim brought by the mortgagor for an account of surplus proceeds of sale is not within the general rule as