396. Mortgagee's right to protect title against third persons.

(ii)     Mortgagee's Rights as against Third Persons

396.     Mortgagee's right to protect title against third persons.

As against third persons, the mortgagee is entitled to protect his own or the mortgagor's title to the mortgaged property, and to maintain the value of that property. Thus if the mortgagor's title is impeached, the mortgagee may take any step necessary to support it1. If he is an equitable mortgagee, and a third person with an inferior title proposes to dispose of the legal estate, the mortgagee can obtain an injunction to restrain him2. As a rule, questions between the mortgagee