413. Mortgagee taking actual possession.

413.     Mortgagee taking actual possession.

Where a mortgagee takes actual possession of the property, there is no doubt as to his intention to take possession, and he thereby assumes the liability of a mortgagee in possession1. Where he gives notice to the tenants to pay their rents to him, it is equally clear that he intends to go into receipt of rents and profits, and this, as regards the liability to account, is equivalent to taking possession2. This is also the case if the mortgagee gives notice to the tenants not to pay rent to