A mortgage does not entitle the mortgagee to the possession of the property, unless authorized by the express terms of the mortgage; but after the execution of the mortgage the mortgagor may agree to such change of possession without a new consideration.
Cal. Civ. Code § 2927
Mortgages in General
Applied in 12 court decisions — leading case Spect v. Spect (1891)
Most recently applied in 47 F. Supp. 3d 982 - Penermon v. Wells Fargo Bank, N.A. (June 2014)
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.