393. Mortgagee's rights as regards title.

(2)     Right to Protect Security

(i)     Mortgagee's Rights as against the Mortgagor

393.     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