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THE traditional remedy of a mortgagee is foreclosure. Under the common law, a mortgage was a conveyance of title defeasible on payment of the debt. On default the mortgagee, as legal owner, took possession or brought ejectment at law against the mortgagor. But from an early period the mortgagor could go into equity and stay the legal action so as to permit subsequent redemption. Consequently, the mortgagee came to initiate his proceeding in equity by praying for an order directing the mortgagor to redeem within a specified time or be foreclosed of all interest in the premises.' Thus to relieve the mortgagor from forfeiture,' chancery, along with the evolution of this procedure of strict foreclosure,' developed the doctrine of equity of redemption and carefully surrounded it with safeguards. 4

The Enforcement of Personal Liability on Mortgage Debts in New York