There is a newer version of the California Code
2013 California Code
Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS
TITLE 10. ACTIONS IN PARTICULAR CASES
CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property
744
CA Civ Pro Code § 744 (2013) What's This?
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.
(Enacted 1872.)
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