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§ 744 A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of t…

Part 2: Of Civil Actions | Title 10: ACTIONS IN PARTICULAR CASES [725a - 871.30] | Chapter 3: Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property

A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.

Amendment history: Enacted 1872.