The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.
Cal. Civ. Code § 2923
Mortgages in General
Applied in 3 court decisions — leading case Rockridge Trust v. Wells Fargo, N.A. (2013)
Most recently applied in In re: Christopher Michael Marino and Valerie Margaret Marino (December 2017)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.