Whatever its Terms. 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. SOURCE: CCP '744.
A Mortgage Must Not be Deemed a Conveyance,
21 GCA § 25107, under Actions to Determine Conflicting Claims to Real Property, and Other Provisions Relating to Actions Concerning Real Estate.
21 GCA § 25107