401. Mortgagee's right to relief from forfeiture.

401.     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