I. The Nature And Essentials Of A Mortgage

Sec. 599. Historical considerations.

600. Title and lien theories.

601. The right of redemption.

602. Interests which may be mortgaged.

603. The form and execution of a mortgagee.

604. Necessity of acceptance.

605. Conveyance absolute in form.

(a) Separate written defeasance.

(b) Oral evidence that mortgage intended.

(c) Considerations determining character of transaction.

(d) Conveyance with right of repurchase.

(e) Protection of bona fide purchaser.

(f) Conveyance by third person.

(g) Trust deed to secure debt.

Sec. 606. Necessity of consideration

607. The obligation secured.

(a) Character of obligation.

(b) Personal liability.

(c) Bond or note.

(d) Description in mortgage.

Sec. 608. Legality of purpose of mortgage.

II. Rights And Liabilities Incident To The Mortgage Relation

Sec. 609. Nature of the mortgagor's interest.

610. Nature of the mortgagee's interest.

611. The relation not fiduciary.

612. The right to possession of the land.

613. Rents and profits.

(a) Mortgagor in possession.

(b) Crops.

(2356)

(2356)

(c) Mortgagee in possession.

(d) Sequestration by receiver. Sec. 614. Effect of a lease of the land.

(a) Lease before mortgage. (b) Lease after mortgage. Sec. 615. Expenditures by mortgagee.

616. Taxes.

617. Insurance.

618. Injuries to the land.

619. Execution sale of mortgagor's Interest.

III. Transfer Of Mortgaged Land

Sec. 620. General considerations.

621. Transfer to mortgagee.

622. Transfer subject to mortgage.

623. Assumption of mortgage debt.

624. Transferor becoming surety.

625. Transfer of part of land.

626. Transferor's conduct as affecting bar of limitations.

IV. Transfer Of Mortgagee's Rights

Sec. 627. General considerations

628. Method of transfer.

(a) Transfer of the debt.

(b) Formal assignment.

(c) Assignment omitting reference to debt.

(d) Transfer of land or legal title thereto.

(e) Delivery and acceptance. Sec. 629. Consideration for transfer.

630. Transfer as subject to equities.

(a) In favor of debtor.

(b) In favor of others than debtor. Sec. 631. Record and priorities.

632. Transfer of part of debt.

V. Priority Of Lien

Sec. 633. General considerations.

634. Contemporaneous mortgages.

635. "Waiver" of priority.

636. Purchase money mortgage.

637. Mortgage for future advances.

638. Right to question prior mortgage.

639. Tacking and consolidation.

VI. Extinction Of The Mortgage

Sec. 640. Discharge of obligation secured.

(a) General considerations.

(b) Payment.

(c) Payment to assignor after assignment.

(d) Tender.

(e) Merger.

(f) Bar of obligation by limitations.

(g) Recovery of personal judgment, (h) Change in note or bond.

Sec. 641. Effect of new mortgage

642. Express release or certificate of satisfaction.

(a) General considerations.

(b) Conveyance by mortgage creditor as release.

(c) Power or authority to execute.

(d) Execution by assignor.

(e) Conclusiveness of release or satisfaction. Sec. 643. Subsequent reissue of mortgage.

644. Release of principal debtor.

645. Right to extinguish by payment (Right to redeem*).

(a) Persons entitled.

(b) Amount to be paid.

(c) Loss of right.

(d) Enforcement of right. Sec. 646. Subrogation on payment.

647. Marshalling of securities.

VII. Foreclosure

Sec. 648. Accrual of right to foreclose.

649. Bar by lapse of time.

650. Strict foreclosure in equity.

651. Foreclosure by entry.

652. Foreclosure by writ of entry.

653. Foreclosure by scire facias.

654. Equitable proceeding for sale.

655. Parties to proceeding.

656. Power of sale.

657. Enforcement of personal liability.

658. Stipulation for attorney's fee.