428. Mortgagee's liability to account for wilful default.

428. Mortgagee's liability to account for wilful default.

Mortgage (Volume 77 (2021)) | Commentary

b.     Mortgagee's Liability to Account

A mortgagee who goes into possession of the mortgaged property, and thereby excludes the mortgagor from control of it, is bound to account to the mortgagor, not only for the rents and profits which he actually receives, but also for the rents and profits which, but for his wilful default