Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 744 — Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property

Cal. Civ. Proc. Code § 744

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

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.

Citator

Cal. Civ. Proc. Code § 744 — Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property is in force in the current edition of the Code, and nothing recorded condemns it.

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.