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.
Cal. Civ. Proc. Code § 744
Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property
Applied in 1 court decision — leading case Young v. Embley (2006)
Most recently applied in Young v. Embley (September 2006)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.