395. Mortgagee's rights as regards title.

As regards the title to the mortgaged property, if the mortgagee has in the first instance taken an equitable title1, but with an agreement for a legal mortgage2, he is entitled to have a legal mortgage executed on request, and will be allowed any charges and expenses properly incurred in preparing the mortgage3. If the mortgagor has conveyed to the mortgagee a defective title and subsequently acquires an interest which enables him to cure the defect, the mortgagee can call upon him to perfect the mortgage title