403. Mortgagee's right to relief from forfeiture.

A mortgagee1 is entitled to apply for relief from forfeiture for non-payment of rent as the lessee2 or to apply for a vesting order3. In cases of forfeiture for other breaches of covenant, the court has a discretion to grant a mortgagee of the property relief from forfeiture or to make a vesting order4. Even if the landlord obtains an order for possession, a mortgagee can apply after execution to intervene in the proceedings to seek relief, but such an application is unlikely to succeed if the mortgagee was notified of the proceedings before judgment was obtained but failed