342. Position of mortgagor in continued possession without express agreement.

(3)     Status of the Mortgagor in Possession

342.     Position of mortgagor in continued possession without express agreement.

The continued possession of the mortgaged property by the mortgagor by permission of the mortgagee, without express provision1, is referable to the mortgagor's interest in the property not to implied permission2. The mortgagor has a status similar to that of a tenant, but his tenancy differs in some material respects from any other tenancy3. He does not have the rights of a tenant at will4, and he may be turned out of possession