742. Mortgagee's general right to reimbursement of costs from the security.

13.     Costs, Charges and Expenses

(1)     General Principles regarding Costs

742.     Mortgagee's general right to reimbursement of costs from the security.

A mortgagee is allowed to reimburse himself out of the mortgaged property for all costs, charges and expenses reasonably and properly incurred in enforcing or preserving his security1, including the costs of litigation properly undertaken by him2. The right extends to equitable mortgagees and chargees3. There is, however, no implied contract by the mortgagor to pay any such costs, charges and expenses, and they are not, in the absence of