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37.1005 Use and possession of mortgaged property.

Cite as [A.S.C.A. § 37.1005]

In the absence of an agreement to the contrary, the mortgagor of real property or fixtures under a duly recorded mortgage is entitled to the use or possession of it until default.

History: 1978, PL 15-83; 1979, PL 16-48 § 1.

Case Notes:

Where owner of mortgaged property retained the right to use and possession of the property until default, and where there was no evidence of default on the debt secured by the mortgage, garnishment by unsecured judgment creditor of rents derived from the property did not interfere with the rights of the mortgagee. A.S.C.A. § 37.1005. Landrigan v. Opelle, 5 A.S.R.2d 155 (1987).