439. Remedies for wrongful waste.

439.     Remedies for wrongful waste.

Waste committed by the mortgagee which is not justified by the terms or the deficiency of his security, in addition to rendering him liable to an injunction, may be a ground for depriving him of possession, either by replacing the mortgagor in possession or by the appointment of a receiver1. Conversely, a mortgagee may restrain by injunction a mortgagor in possession from committing waste which would render the security insufficient2.