Trust Deed/Mortgage defined

“Mortgage” Defined
2920.  (a) A mortgage is a contract by which specific property,
including an estate for years in real property, is hypothecated for the performance of an act, without the
necessity of a change of possession.
(b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or
instrument, other than a deed of trust, that confers a power of sale affecting real property or an estate
for years therein, to be exercised after breach of the obligation so secured, including a real property
sales contract, as defined in Section 2985, which contains such a provision.

Property in possession of adverse claimant
2921.  A mortgage may be created upon property held adversely to the mortgagor.

Writing-Formalities
2922.  A mortgage can be created, renewed, or extended, only by writing, executed with the formalities
required in the case of a grant of real property.

Lien-Special-Possession
2923.
The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of
possession.

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