766. Mortgagee's unreasonable or oppressive conduct.

In general, the mortgagee must pay the costs if his conduct has been unreasonable or oppressive, for example where he has withheld accounts1, or the transaction is tainted with fraud2, or only a small sum remains due to him and his conduct has been vexatious3, or he attempts to get the estate into his own hands4. Even though the mortgagee obtains the general costs, he will not get costs occasioned by charges against the mortgagor of fraud or other misconduct which fail