Sec. 291. Right of mortgagor to an account, p. 573.

Sec. 292. Taking of mortgage account, p. 574.

Sec. 293. Items included in the account, p. 575.

Sec. 294. Accounting by mortgagor in possession, p. 577.

Sec. 295. Waste by mortgagor in possession, p. 577.

Sec. 291. Right of mortgagor to an account

Proceedings for foreclosure or sale or for redemption involve the taking of an account as between the mortgagor and the mortgagee.

The form of endorsement on a writ of summons in an action for redemption includes a claim to have an account taken of what, if anything, is due on the mortgage, and the form of judgment for redemption directs that all necessary enquiries be made, accounts taken, costs taxed, etc. (a).

In an action for foreclosure or sale, if there is a reference as to subsequent encumbrancers the judgment directs that all necessary enquiries be made, accounts taken, costs taxed, etc., and if there is no reference the account is taken by the officer signing judgment. If the defendant disputes the amount of the plaintiff's claim he is entitled to four days notice of the taking of the account (b).

If the mortgagee has sold the mortgaged property under his power of sale, whether he has been in possession or not, the mortgagor may bring an action for an account and to recover the surplus in the hands of the mortgagor (c).

(a) See chapter 25, Action for Redemption, Sec. 258.

(b) See chapter 24, Action for Foreclosure or Sale, Sec. 236.