Norwood Savings Bank v. Romer

The question for decision is: Does a pledge in a real estate mortgage, pledging rents and profits, reach the rents and profits accruing before condition broken?

It is settled law that a mortgage is a mere security in the hands of the mortgagee and does not convey any interest in the land itself. After mortgage conditions have been broken, the mortgagee may bring an action for possession, or an action in foreclosure, resulting in judicial sale. There is no question but that after condition broken, the mortgagee, upon bringing an action for foreclosure and making to the court a showing of the…